Anderson v. Sears, Roebuck & Co.

Matson, Justice.

In an action for damages for personal injuries, plaintiff appeals from a judgment entered pursuant to an order granting defendant’s motion for a dismissal on the merits at the close of plaintiff’s case when plaintiff had rested.

Shortly after five p. m. on September 9,19áá, plaintiff, a machinist of the approximate age of 75 years, entered defendant’s automobile accessory department to purchase a car battery and carrying strap. After he had paid for his purchase, he was directed by defendant’s salesman to call for the battery at a battery room located on the west side of an…