Annett v. American Stores Co.

Opinion by

Mr. Justice Barnes,

The plaintiffs, husband and wife, appeal from the order of the court below refusing to take off a compulsory nonsuit. They charge defendant with negligence in placing a heavy iron screen in a dangerous position, so that it fell upon the wife while she was walking along a cement footway in the rear of defendant’s place of business. In the affidavit of defense it is denied that the screen was in defendant’s control at the time of the accident. Defendant avers that if the screen was in an unsafe position, it was due solely to the conduct of the employees of F. G.…