Miller v. FW Woolworth Company

It is with regret that we find it necessary to dissent from the majority opinion in this case. We agree that the judgment must be reversed because the evidence clearly shows that plaintiff’s injuries did not result from any failure of the defendants to furnish to plaintiff a reasonably safe place in which to work. We also agree with respondents’ contention that plaintiff’s Instruction No. I is prejudicially erroneous. However, we think the facts in evidence were sufficient to make out a submissible case based upon a violation of defendants’ common-law duty to exercise ordinary care with…