Hale

This is an appeal from a judg ment of nonsuit. Plaintiffs sued defendant for damages sustained by plaintiff Helen Hale as a result of a fall in defendant’s store. The trial was by the court sitting without a jury. At the close of the plaintiffs’ case, defendant moved for a nonsuit. The motion was granted and judgment entered accordingly. Plaintiffs appeal.

On September 1, 1951, Mrs. Hale, hereinafter referred to as appellant, went to the Safeway Store in Gridley to do her weekly shopping.- It was about 4:30 p. m., and she was accompanied by her 10-year-old boy. The layout of the store was typical of most Safeway .Stores; that is, the fruit and vegetable section was at the front and to one side of the store, the cashiers’ stands were at the.front extending to the other side of the store, the meat department was to the rear of the fruit and vegetable section on the same side of the store, and the rest of the floor was taken up with displays for canned goods and other merchandise; the storeroom for surplus goods, etc.', was to the rear of the store. The racks for canned goods and other merchandise were about 6 feet in height. Appellant walked through the turnstile and entered the…