Abraham v. Gendlin

PROCTOR, Circuit Judge.

This appeal is from a judgment of the District Court in favor of plaintiff (appellee) in a negligence action growing out of injuries from falling through a trapdoor in defendant’s (appellant’s) store. No question is raised here as to the negligence, but several points are made as to the trial court’s action in dealing with evidence and instructions to the jury.

Two weeks before the accident appellee had opened a dry cleaning shop, to which he was to contribute his own labor. He had installed all machinery and equipment except a cleaning unit, which he was negotiating for…