Smith v. B & I SALES CO.

This is an action for damages for personal injuries sustained by plaintiff while she was a customer in defendant’s store.

At the close of plaintiff’s case, defendant challenged the legal sufficiency of the evidence, and requested dismissal of the complaint. The court dismissed the action with prejudice on the ground that negligence had not been proved.

Plaintiff was injured when she fell as she walked around the corner of a display counter in defendant’s market. The counter was an island made of tiered shelves in a pyramid shape. The bottom shelf, on the end of the island, projected into the…