Sears, Roebuck & Co. v. Murphy

MILLER, Circuit Judge.

In the trial in the district court, without a jury, the appellee recovered a judgment of $2,333 against the appellant, Sears, Roebuck and Company, for personal injuries suffered by the appellee while shopping in the store of the appellant in Lexington, Kentucky. This appeal followed.

The trial judge found the facts substantially as follows: On August 16, 1948, in the Lexington, Kentucky, store of the appellant the appellee placed her hand upon an automobile seat cover which was being displayed to her and upon which were sharp particles of glass that caused a serious and…