Ruth M. Sagesser and Walter C. Sagesser v. Sears, Roebuck & Company

JONES, Circuit Judge.

Ruth M. Sagesser and Walter C. Sages-ser, her husband, brought an action in the Circuit Court of Dade County, Florida, against Sears, Roebuck & Company. The defendant removed to the United States District Court on the ground of diversity of citizenship. Paraphrasing the complaint, it charged that the defendant was under a duty, in operating its department store in Coral Gables, Florida, to have the aisles in its paint department open and safe for patrons, business invitees and customers while transacting their business in the store, that notwithstanding its duty it…