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SCHNITZER v. NIXON

No. 14897.

439 F.2d 940 (1971)

Rose L. SCHNITZER, Appellant, v. Lawrence NIXON and Earl M. Heath, individually and trading as Cavalier Manor Motel, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 19, 1971.

Attorney(s) appearing for the Case

James A. Eichner, Richmond, Va. (Allen, Allen, Allen & Allen, Richmond, Va., on brief), for appellant.

William F. Hazen, Richmond, Va. (Taylor, Hazen, Bryant & Kauffman, Richmond, Va., on brief), for appellees.

Before SOBELOFF, BRYAN and BUTZNER, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

Painful injuries were suffered by Rose L. Schnitzer, plaintiff, while a guest at the motel in Richmond, Virginia, operated by Lawrence Nixon and Earl M. Heath, defendants, when the chair in which she was sitting collapsed. She sued in three counts: negligence in providing a defective chair, violation of the statutory obligations of an innkeeper and breach of implied warranty of the chair's suitability. Now depending only upon the warranty...

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