Sears, Roebuck and Co., a Corporation v. Mabel Daniels

VAN OOSTERHOUT, Circuit Judge.

Defendant Sears, Roebuck and Co. appeals from final judgment entered in favor of plaintiff Mabel Daniels in an action for damages for personal injuries alleged to have been incurred as a result of plaintiff falling over a rubber mat in defendant’s department store at Lincoln, Nebraska, on December 10, 1957. Jurisdiction, based upon diversity of citizenship and the requisite amount, is established.

It is undisputed that plaintiff was a business invitee at defendant’s store and that defendant had caused a large rubber mat to be placed between the inner and outer…