Martin v. Sears, Roebuck & Co.

Eberhardt, Judge.

Differences in the physical conditions here and in W. T. Grant Co. v. Phillips, 116 Ga. App. 650 (158 SE2d 312) are insubstantial and we think the ruling there is controlling here.

The claim of a defect in construction does not require a different result because the evidence demands a finding that even if the defects claimed existed, these had nothing whatever to do with Mrs. Martin’s fall. The variance in the height of the rises between the steps had nothing to do with it, for she says that she fell when she placed her foot on the top step. It does not appear that the area…