WHITE v. SEARS, ROEBUCK AND COMPANY

No. 7315.

242 F.2d 821 (1957)

Mrs. Gladys B. WHITE, Appellant, v. SEARS, ROEBUCK AND COMPANY, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 12, 1957.


Attorney(s) appearing for the Case

Sidney H. Kelsey, Norfolk, Va. (L. David Lindauer, Norfolk, Va., on brief), for appellant.

Thomas H. Willcox, Norfolk, Va. (Willcox, Cooke & Willcox, Norfolk, Va., on brief), for appellee.

Before PARKER, Chief Judge, and HARRY E. WATKINS and GILLIAM, District Judges.


HARRY E. WATKINS, District Judge.

The principal question here is whether the doctrine of res ipsa loquitur is applicable in a case where the plaintiff falls when stepping on a slippery foreign substance on the step of an escalator while a customer in defendant's store. The District Court thought that such doctrine was not applicable in this case, and we agree.

On March 31, 1955, plaintiff was a customer in defendant's store at Norfolk, Va., and while being...

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