SEARS, ROEBUCK & CO. v. McCLAIN

No. 12184.

167 F.2d 130 (1948)

SEARS, ROEBUCK & CO. v. McCLAIN et al.

Circuit Court of Appeals, Fifth Circuit.

April 7, 1948.


Attorney(s) appearing for the Case

John H. Wahl, Jr., and Robert H. Anderson, both of Miami, Fla., for appellant.

Walter E. Dence and John M. Murrell, both of Miami, Fla., for appellees.

Before SIBLEY, WALLER, and LEE, Circuit Judges.


WALLER, Circuit Judge.

Appellee sustained injuries when she fell down a flight of steps that led up to a door separating the defendant's store, or the place where its goods were displayed and sold, to a roof on the outside designed and intended to be used solely as a place of recreation for the employees of the store. On the wall beside the steps, and in plain view thereof, was a clearly visible sign, reading: "Employees Only On Recreation Roof". Under the door that...

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