110 Wash. 307 | Wash. | 1920
The plaintiff in this case was injured by a fall through an open trap-door in the place of business conducted by the defendants. He recovered a judgment of $550 upon a trial to the court and a jury. The defendants have appealed from that judgment.
The appeal is based upon alleged error of the trial court in not directing a verdict for the defendants.
The facts, as shown by the evidence on behalf of the respondent, are briefly as follows: Appellants were conducting a store on Riverside avenue, in the city of Spokane. The front part of this store was used for
“The law requires a storekeeper to maintain his storeroom in such a condition as a reasonably careful and prudent storekeeper would deem sufficient to protect customers from danger while exercising ordinary care for their own safety. A customer entering a store of this character is required to use that degree of care and prudence which a person of ordinary intelligence, care and prudence would exercise under the same circumstances. As to whether Mrs. Stone exercised that degree of care and prudence in this instance is a question upon which we think reasonable minds might differ. This being true, it became a question of fact for the jury.”
See, also, Emmons v. Charlton & Co., 63 Wash. 276, 115 Pac. 163.
Appellants rely upon the case of Dunn v. Kemp & Hebert, 36 Wash. 183, 78 Pac. 782. In that case the stairway was an ordinary one protected by railings
We are satisfied that the court was required under the law to submit the case to the jury.
The judgment appealed from is therefore affirmed.
Holcomb, C. J., Fullerton, Tolman, and Bridges, JJ., concur.