Brinkworth v. Sam Seelig Co.

SHAW, J.

Action to recover damages for personal injuries alleged to have been sustained as the result of defendant’s negligence.

[669]

In its answer defendant denied the imputed negligence and alleged contributory negligence on the part of the plaintiff.

At the close of plaintiff’s evidence, defendant moved for a nonsuit upon the ground that the testimony offered on behalf of plaintiff not only failed to show that defendant was guilty of negligence, but established the fact that plaintiff’s injuries were the result of contributory negligence. The motion was granted, followed by a judgment from which plaintiff has appealed.

Defendant conducted a store for the sale of groceries, fruits, and vegetables. As shown by a plat received in evidence, the storeroom, on the east side of the street, was about sixty feet square, around the sides and rear of which were counters. In the center of the storeroom was a fruit and vegetable stand, the width of which, fronting the store entrance, was some twelve or fifteen feet, and around which were located counters for the display and delivery of goods to purchasers. Around this fruit and vegetable stand there was, for the use of customers, an aisle or passageway, the width of which in front thereof and next to the entrance, was some ten feet. At the time in question two boxes, designated as lug boxes, used for bringing vegetables into the store, and which were about seven inches in depth, sixteen inches long, and ten inches wide, placed one on top of the other, were deposited on the floor of the passageway in front of the vegetable and fruit stand at a distance of some two or three feet from the counter thereof. During business hours, and at about 11:45 o’clock A. M., plaintiff, as a customer, entered the west door of the store and, through the north or left aisle, walked to the rear counter to make a purchase, from which place she retraced her steps to the north side of the vegetable and fruit stand and, while inspecting the goods on display, walked sideways and fronting the counter around to the front of the stand at a point between the counter and the place where the vegetable boxes were deposited, some fifteen feet south of plaintiff’s line of travel through the north aisle in reaching the rear counter, where she made a purchase of goods, and upon delivery of the same to her, she, in taking her departure, stepped backward and fell over the boxes, sustaining the injury complained of. At no time