Reese v. Abeles

The opinion of the court was delivered by

Dawson, J.:

The plaintiff, while transacting business as a customer in the furniture store of the defendant in Leavenworth, fell down an open stairway in the floor and was injured. She brought an action for damages and recovered judgment against the defendant. He appeals, contending that he was entitled to judgment on the jury’s special findings. These read:

“Question 2. Could any person, whose eyesight was in reasonably good condition, and particularly plaintiff, have seen the stairway in question by merely looking toward the floor of said storeroom,…