Court of Appeals for the Third Circuit May 9, 1968, 16994_1 (Thomas W. Morris and Eleanor R. Morris v. Gimbel Brothers, Inc., D/B/A "Gimbel's")

OPINION OF THE COURT

McLAUGHLIN, Circuit Judge.

Plaintiff-appellee, Eleanor R. Morris, fell in appellant’s department store

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March 30, 1963. Thereafter she and her husband sued appellant in this diversity-negligence action for damages arising out of her consequent injuries. There was a jury trial which resulted in verdicts for the plaintiffs.

Appellant asserts that Mrs.