Lopez v. Wigwam Department Stores No. 10, Inc.

OPINION OP THE COURT BY

MIZUHA, J.

Plaintiff, her husband Mr. Lopez, plaintiff’s six year old daughter, and a friend went shopping at defendant *417Wigwam Stores, Inc., on the evening of August 29, 1958. Plaintiff’s daughter was carrying a yellow corduroy jacket at the time they entered the store. The group stopped before a rack of corduroy jackets similar to the one carried by the daughter. Plaintiff and friend proceeded to look through the corduroy jackets while the plaintiff’s husband and daughter stood three to four feet away. Plaintiff and friend testified that at no time was a jacket removed…