Legal Opinion

Sears, Roebuck & Co. v. McClain

Court of Appeals for the Fifth Circuit

Decided April 7, 1948No. 12184PublishedCited by 2 opinions

1Opinion of the Court

WALLER, Circuit Judge.

Appellee sustained injuries when she fell down a flight of steps that led up to a door separating the defendant’s store, or the place where its goods were displayed and sold, to a roof on the outside designed and intended to be used solely as a place of recreation for the employees of the store. On the wall besid.e the steps, and in plain view thereof, was a clearly visible sign, reading: “Employees Only On Recreation Roof”. Under the door that afforded access from the store to the roof there was a metal door plate, or stop, the purpose of which was to prevent rain from…

2Cited by2 opinions

  1. Stewart v. Texas Co.Supreme Court of Florida · 1953
  2. Byers v. Radiant Group, LLCDistrict Court of Appeal of Florida · 2007

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