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HOWLAND v. SEARS, ROEBUCK AND COMPANY

No. 20408.

30 Ohio Misc. 7 (1971)

HOWLAND ET AL. v. SEARS, ROEBUCK AND COMPANY.

United States Court of Appeals, Sixth Circuit.

Decided February 24, 1971.

Attorney(s) appearing for the Case

Mr. Stanley Goodman, for plaintiff-appellant; Messrs. Goodman & Goodman, Mr. Alvin H. Rowe and Mr. Sol Goodman, on brief.

Mr. David W. Goldman, for defendant-appellee; Messrs. Paxton & Seasongood and Mr. Robert P. Goldman, 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.

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