Carlson v. May Department Stores Company

(Pro Tempore)

This is an action for personal injuries brought by plaintiff for an injury to his right foot allegedly occurring while trying on a pair of shoes in defendant’s store. Trial was had before the court upon a waiver of a jury and defendant appeals from a judgment in favor of plaintiff.

Defendant’s sole assignment of error is that plaintiff’s proof and the court’s findings are legally insufficient to support the judgment. Under our previous decisions, the scope of our review in this case is limited to a determination of whether the trial judge’s decision is supported by any competent…