Dawson v. Sears, Roebuck & Co.

This is an appeal, by plaintiff in error, from the action of the trial judg'e in sustaining a demurrer to the declaration filed by defendant in error. In this opinion the parties will be referred to in accord with their status in the trial court, that is, Forrest C. Dawson as plaintiff and Sears Roebuck and Co. as defendant.

The declaration alleged defendant operates a retail store in Nashville, Tennessee and, for the convenience of its customers, maintains a large paved parking lot adjacent to the store. This lot has directional markers painted on the pavement, curbs and islands raised some…