Martin v. Jones

WOLFE, Chief Justice.

This action was commenced by the appellant, plaintiff below to recover damages for personal injuries sustained by him when he fell down a dumb-waiter shaft in the respondent’s drug store. In the court below a jury returned *599a verdict of “no cause of action” against the appellant and from judgment entered on that verdict he brings this appeal contending that the court did not correctly instruct the jury as to the duty owed him by the respondent.

On the night of November 11, 1950, the appellant entered the respondent’s drug store to make some purchases. Except for the soda…