Ila Sands v. Sears, Roebuck & Company

PECK, Circuit Judge (dissenting).

I must respectfully dissent from the conclusion reached by the majority opinion, which is based upon the well established law in slip-and-fall cases holding that a business invitor is liable only for his negligence in failing to correct an improper floor condition of which he had actual or constructive knowledge. That this rule of law has been adopted by Kentucky is clearly established by the cases cited in 'the majority opinion.

Unlike the situation presented by the present record, however, each of those cases dealt with circumstances involving the presence on…