Theodore v. J. G. McCrory Co.

This is a suit by a customer against the proprietor of a retail store for damages for physical injuries caused by the unsafe condition of the floor of the storehouse and resulting in plaintiff striking his foot against a splinter, which penetrated his skin. He claims $300. The answer denies all charges of negligence, and, in the alternative, pleads contributory negligence, in that “instead of wearing the proper shoes, fully protecting his feet, he (plaintiff) was at the time alleged wearing upon his left foot a shoe on which there was a large circular hole directly under the ball of the foot.…