Barnaby v. Sears, Roebuck & Co.

*448The opinion of the court was delivered by

Harvey, J.:

This is an action for damages for personal injuries. The trial court sustained a demurrer to plaintiff’s evidence and he has appealed.

The pertinent facts disclosed by the record may be thus stated: Defendant operates a number of retail stores and handles almost “everything from a threshing machine down.” At Wichita it has a large warehouse where it receives, stores, sorts and distributes merchandise. About twenty men are employed to handle merchandise in the warehouse. Plaintiff was one of the men so employed, and had been working at that…