Barnett

Plaintiff-appellant brought this action for damages for personal injuries suffered in a fall from the balcony in defendant-respondent’s store. It resulted in a judgment for defendant.

Defendant, a distributor for Goodyear tires, engaged a licensed general contractor to construct a store building for him in 1945. An interior balcony, about 12 feet high, extended across the south portion. A stairway to it, equipped with handrails, was located on the west side of it. The north side of the balcony was open to the remainder of the shop. A 2 by 3 inch wooden railing, about 32 inches in height, crossed it. It was supported by 2 by 3 inch wooden posts set 6 to 8 feet on centers. At the bottom was located a 1 by 6 inch toe board on edge. This balcony was used to store tires, tubes, etc. Plaintiff had been an employee of defendant in this store for about two years and had on many occasions used said stairway and balcony. He later went into a business for himself. He retained a key and was allowed access to defendant’s store thereafter and waited upon himself. On March 17th he came to defendant’s store to pick up several boxes of tubes packed in cardboard boxes about 24 by 14 by 14 inches,…