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 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. Morris was guilty of contributory negligence as a matter of law, that the trial Judge erred regarding contributory negligence in his charge to the jury and that there was also error in the part of the charge dealing with the…