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TYRELL v. SEARS, ROEBUCK AND CO.

No. 16411.

392 F.2d 868 (1968)

Edith TYRELL, Plaintiff-Appellant, v. SEARS, ROEBUCK AND CO., a corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

February 29, 1968.

Attorney(s) appearing for the Case

James D. Lopp, William J. Brune, Evansville, Ind., for appellant.

Harry P. Dees, Joseph A. Yocum, Evansville, Ind., for appellee, Kahn, Dees, Donovan & Kahn, Evansville, Ind., of counsel.

Before DUFFY, Senior Circuit Judge, and CASTLE and CUMMINGS, Circuit Judges.

DUFFY, Senior Circuit Judge.

Plaintiff seeks to recover damages for personal injuries alleged to have been sustained by her as a result of a fall in a store operated by Sears in Evansville, Indiana.

On April 5, 1966, plaintiff entered defendant's store in Evansville and went to the ready-to-wear department looking for an Easter coat for her daughter. In this department, clothing hangs on racks on either side of the aisle. The floor of the aisle where plaintiff...

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