Thompson v. Beard and Gabelman, Inc.

The opinion of the court was delivered by

Wertz, J.:

This was an action for damages for personal injuries, and plaintiff appeals from a ruling of the district court sustaining defendant’s demurrer to plaintiff’s evidence on the ground that it failed to show actionable negligence on the part of the defendant.

The facts may be briefly stated. Plaintiff, a customer, entered defendant’s dress shop to look at house dresses; she selected two which she wished to try on and, at the direction of a saleslady then busy serving another customer, went to a fitting room at the rear of the store. Seeing two…