Maetzold v. Walgreen Co.

Knutson, Justice.

Appeal from an order denying plaintiff’s motion for a new trial.

On October 2B, 1951, plaintiff entered a drugstore, owned and operated by defendant in the city of St. Paul, for the purpose of purchasing some cigars. The cigar counter was located about three feet, or not more than 46 inches at the most, from a row of shelves used to display other merchandise. As plaintiff entered the store and approached the cigar counter, he noticed that defendant’s clerk, Mrs. Roberta Jelinek, was in a crouched position dusting some of the lower shelves of this display counter. Knowing that…