Mondl v. F. W. Woolworth Co.

The first question raised by appellants is the propriety of the trial court’s instruction on Mrs. Mondl’s duty to exercise care for her own safety. The court instructed the jury that:

“Every person must use ordinary care to keep a lookout ahead of and about him, and to apprise himself of possible dangers so that he may regulate his gait or his course accordingly.

“Ordinary care demands that such vigilance be increased where special circumstances exist. The degree of diligence with respect to keeping a proper lookout on the part of a customer in a store — such as the plaintiff was — in order to…