Jackson v. Barnett

Plaintiff-appellant brought this action for damages for personal injuries suffered in a fall from the balcony in defendant-respondent’s store. It resulted in a judgment for defendant.

Defendant, a distributor for Goodyear tires, engaged a licensed general contractor to construct a store building for him in 1945. An interior balcony, about 12 feet high, extended across the south portion. A stairway to it, equipped with handrails, was located on the west side of it. The north side of the balcony was open to the remainder of the shop. A 2 by 3 inch wooden railing, about 32 inches in height,…