Tyler v. Martin's Dairy, Inc.

The trial court directed a verdict for the defendant, Martin’s Dairy, Incorporated, in a suit by a patron, Mrs. Tyler, who had fallen over a curb marking the limit of the parking lot adjacent to the retail store of the dairy, and Mrs. Tyler has appealed from the judgment for the defendant for costs.

The dairy business was conducted in a one-story brick building around which ran a porch. Shrubs were planted along the outside of the porch, and between the shrubs and the parking lot ran a walkway or pavement. A curb several inches high ran along the walkway, dividing it from the parking area.…