Moore v. Sears, Roebuck & Co.

In an action for personal injuries sustained while plaintiff was in one of the stores of defendant, the jury returned a verdict for plaintiff in the sum of $1,250, and defendant appeals from the judgment entered thereon. The sole issue raised on appeal concerns plaintiff’s status at the time of his injury; that is, whether he was a volunteer and hence required to show that the accident was the result of wilful and wanton conduct on the part of defendant.

The incident which gave rise to plaintiff’s injury occurred in the shipping room in the rear of defendant’s La Grange store, where plaintiff…