Wiles v. Mahan

I concur generally in Judge Robertson’s opinion in this case. However, I wish to address specially two issues, raised by the Appellant Wiles which issues are the subject of Judge Young’s dissenting opinion.

Wiles contends that Mahan’s tendered instruction number 2, given by the trial court, constitutes reversible error. This instruction stated:

“I instruct you ladies and gentlemen of the jury, that a storekeeper must use ordinary care to keep premises in a reasonably safe condition for the customers. Ordinary care, as applied to storekeepers, is that degree of care usually exercised by ordinary…