J. C. Penney Company v. H. B. Perryman and Wife, Emily Perryman

JONES, Circuit Judge.

The appellee, Emily Perryman, entered the store of the appellant in Denison, Texas, walked along an aisle between counters displaying merchandise and up a flight of stairs to a second floor. There she made purchases. Mrs. Perryman then came down the stairway and fell while walking along the aisle toward the door through which she had entered. Injuries were sustained as a result of the fall. Suit was brought by Mrs. Perryman against the appellant and its negligence was alleged as the cause of the fall and the resulting injury. Diversity of citizenship being present the…