Wimsatt v. Bacon

DAVIS, Commissioner.

The appellant, Joseph L. Wimsatt, sustained personal injuries when he fell into an elevator shaft in a store operated by appellee. In this tort action the trial court directed a verdict for the appellee at the conclusion of evidence for appellant. This appeal challenges the lower court’s ruling by asserting that jury issues were presented as to the negligence of appellee and the contributory negligence of appellant.

The appellant was employed by Our Own Deliveries, and in the course of his employment made regular calls at the appellee’s store to obtain packages for delivery…