Collins v. Sprague's Benson Pharmacy

This is an appeal from a judgment of dismissal, rendered by the district court, based upon a directed verdict for the defendant.

The plaintiff alleged in his petition that he was 69 years of age, and weighed 220 pounds, and at 4 p. m. on March 2, 1931, while in the drug store of the defendant in Omaha, having a prescription compounded, he requested permission of the 'defendant’s clerk to use the toilet; that the clerk told the plaintiff to come with him to the rear of the store, going behind the' prescription case; and the plaintiff, in attempting to follow the clerk, stepped into the door…