McCARTHY v. KROGER COMPANY

No. 16642.

385 F.2d 150 (1967)

Anna M. McCARTHY and Noel McCarthy, Her Husband, Appellants, v. KROGER COMPANY, a Corporation, Appellee.

United States Court of Appeals Third Circuit.

Decided November 7, 1967.


Attorney(s) appearing for the Case

Hymen Schlesinger, Pittsburgh, Pa., for appellants.

Herman C. Kimpel, Dickie, McCamey & Chilcote, Pittsburgh, Pa., for appellee.

Before McLAUGHLIN, HASTIE and FORMAN, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

The first named appellant fell in the cart return station area of defendant's supermarket. She was injured and sued defendant in this negligence action. The case was tried to a jury which found in favor of the defendant.

Complaint is made of the exclusion from evidence of nine photographs of other supermarket cart return areas. There was no proof of comparable conditions, etc., which might have presented reasonable...

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