Dickey v. Boggs & Buhl, Inc.

Opinion by

Mr. Justice Parker,

The appellant brought this action in trespass against the two defendants for personal injuries. On trial and at the conclusion of her proofs, she took a voluntary non-suit as to the Bell Telephone Company and the trial court entered a compulsory nonsuit as to Boggs & Buhl. She complains of the refusal of her motion to take off the compulsory nonsuit. We find no error.

The plaintiff was in the store of Boggs & Buhl when she had occasion to use the facilities of the utility. A clerk directed her to the telephone. The instrument was located on a table at the rear of a…