Mitchell v. Montgomery Ward & Co.

On October 23, 1935, defendant was engaged in retail merchandising in the city of Keokuk. During the noon hour of that day plaintiff and her daughter entered defendant’s place of business “just shopping, looking around,” and ascended a stairway to a second floor room where linoleum rugs were kept on display and for sale. The rugs had been placed on end in a manner that need not be detailed. One of the rugs, 9x12 feet in size and weighing about 38 pounds, toppled over and struck plaintiff a glancing blow on her head and shoulder. She seeks damages in this action, claiming that the blow caused…