Franzen v. Dimock Gould & Co.

(dissenting) — I respectfully dissent, and would hold the evidence insufficient to support a finding of liability on the part of appellant for damages or indemnity stemming from plaintiff’s injuries.

I. Appellant, Dimock Gould & Company, was- in the lumber and building material business at Bettendorf. The driveway across the concrete sidewalk, upon which plaintiff fell, served as an entrance to its lumberyard and also to a parking lot furnished by appellant for its customers but used regularly by its employees and also, without its actual permission or objection, used frequently by some…