Amick v. Gooding Amusement Co.

HEMPHILL, District Judge.

Defendant seeks summary judgment as permitted by Rule 56, Rules of Civil Procedure, under proper circumstances.1 Before this Court were the pleadings, deposition of plaintiff as taken at defendant’s insistence, affidavit of plaintiff’s husband, pictures of defendant’s machinery not objected to by plaintiff, affidavit of defendant’s manager, and certain interrogatories propounded to defendant by plaintiff.

The gravamen of plaintiff’s cause of action against defendant in the operation of an amusement at the State Fair in Columbia is found in Paragraph 5 of the Complaint:

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