F. W. Woolworth Co. v. Erickson

Appellee sued appellant and one Sprague in a tort action for damages sustained by the plaintiff when her foot slipped and she fell to the floor in the store of appellant in the city of Birmingham. There was a vferdict and judgment against the Woolworth Company only, from which it prosecutes this appeal.

As to ’the pleading, plaintiff rested her case upon count A, to which demurrer was interposed and overruled.

Defendant insists this count does not sufficiently disclose the relationship existing between defendant and plaintiff out of which a duty to her arose. The argument has been duly…