Noland v. Sears, Roebuck & Co.

The opinion of the court was delivered by

Fontron, J.:

The plaintiff seeks to recover damages for personal injuries received when she fell down some steps leading from the Sears, Roebuck department store in Wichita. The trial court sustained the defendant’s motion for dismissal made at the conclusion of plaintiff’s evidence, and she has appealed.

The parties will be referred to as plaintiff and defendant, the status they occupied in the court below.

Mrs. Noland, the injured plaintiff, had purchased a power saw on a layaway plan as a Christmas gift for her husband. On December 8, 1967, accompanied…