Woolworth v. Conboy
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. This is an action for personal injury. The plaintiff in error, the defendant below', is the owner of the Five and Ten Cent Store at Minneapolis. The store room is 44 feet wide and 127 feet deep, and extends east and west fronting on Nicollet avenue. It advertised a special sale of granite ware, which attracted a large crowd, and among them the plaintiff.
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In Error to the Circuit Court of the United States for the District of Minnesota. This is an action for personal injury. The plaintiff in error, the defendant below', is the owner of the Five and Ten Cent Store at Minneapolis. The store room is 44 feet wide and 127 feet deep, and extends east and west fronting on Nicollet avenue. It advertised a special sale of granite ware, which attracted a large crowd, and among them the plaintiff. The counter at which this ware was sold was a long wall counter on the north side of the store, and situated a little to the west of the center. In front of it…
1Opinion of the CourtAmidon, District Judge
(after stating the facts as above). The "motion should have been granted. It was not negligent to maintain the open stairway. It was separated from the part of the store to which patrons were invited or accustomed to resold. Indeed, if it had been situated in a portion of the room used by the public, that would not have constituted negligence. Important retail establishments are now accustomed to occupy several stories of the building in which their business is carried on. Open stairways leading from one story to another are a part of the ordinary equipment of such premises. Even when…
2Cases cited2 opinions
- Hunnewell v. HaskellMassachusetts Supreme Judicial Court · 1899
- Dunn v. Kemp & HebertWashington Supreme Court · 1904
3Cited by21 opinions
- Blodgett v. B. H. Dyas Co.California Supreme Court · 1935
- Little v. ButnerSupreme Court of Kansas · 1960
- Albachten v. Golden RuleSupreme Court of Minnesota · 1917
- Long v. JoestleinCourt of Appeals of Maryland · 1949
- Nelson v. F. W. Woolworth & Co.Supreme Court of Iowa · 1930
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