HOWLAND v. SEARS, ROEBUCK AND COMPANY

No. 20408.

438 F.2d 725 (1971)

Timothy HOWLAND et al., Plaintiff-Appellant, v. SEARS, ROEBUCK AND COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

February 24, 1971.


Attorney(s) appearing for the Case

Stanley Goodman, Cincinnati, Ohio, for plaintiff-appellant; Sol Goodman, Goodman & Goodman, Alvin H. Rowe, Cincinnati, Ohio, on brief.

David W. Goldman, Cincinnati, Ohio, for defendant-appellee; Robert P. Goldman, Paxton & Seasongood, Cincinnati, Ohio, on brief.

Before TOM C. CLARK, Associate Justice, and EDWARDS and CELEBREZZE, Circuit Judges.


CELEBREZZE, Circuit Judge.

This is an appeal from the United States District Court, Southern District of Ohio, of a judgment dismissing on the merits an action based in negligence. The case was tried before a jury which found the Appellant, a minor, was not entitled to damages from the Appellee, Sears, Roebuck and Company.

Except as otherwise noted, the underlying facts are not in dispute. On December 13, 1967, at about 2:45 p.m., Mrs. Barbara Howland picked...

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