SEARS, ROEBUCK AND COMPANY v. Donovan

HOOD, Associate Judge.

A jury awarded appellee damages for injuries sustained by her while she was in appellant’s store. The main contention on this appeal concerns appellee’s status at the time of her injury and the consequent duty owed her by appellant. Appellant contends that appellee was a mere licensee to whom it was not liable in damages unless the injuries were the result of its active negligence. Appellee says she was an invitee to whom appellant owed-the duty of furnishing her with reasonably safe premises. 1

Appellee, an adult, testified that she, her mother and her eight-year-old…