Ila Sands v. Sears, Roebuck & Company

CELEBREZZE, Circuit Judge.

This appeal is of a diversity action instituted by Mrs. Ila Sands against Sears, Roebuck & Company, (Sears) for damages for personal injuries sustained when she fell down in the aisle of a Sears store. At the close of evidence, the District Court directed a verdict in favor of Sears on the grounds that, first, Mrs. Sands had failed to establish a prima facie case of negligence against Sears, and, second, she had established her own contributory negligence as a matter of law. Mrs. Sands appeals. The substantive law of Kentucky applies. We affirm.

Around Christmas,…