Walker

In this action for damages for personal injuries sustained as a result of slipping and falling on the floor of a vegetable-washing-and-cutting room in the rear of a public market, plaintiff appeals from a judgment of non-suit. The trial proceeded before a jury.

Plaintiff was an employee of a meat market which was a department of a general retail food market. Another department therein was a vegetable market. Said departments were separately owned and operated. Defendant Wally’s Gardens, Ltd., a corporation, owned the vegetable market. Defendant Saylor’s Ranch Market, a corporation, owned the general market building. Defendant Greenberger was the president of both corporations. The general market building was located at the southeast corner of an intersection. The entire front of the building, a distance of approximately 136 feet, and the west side of the building, for a distance of approximately 20 feet from the front, were open. It was the type of market generally referred to as an open market. The vegetable market occupied the west front corner of the market, and the meat market was in the west rear corner thereof.

About 9 a. m. on September 2, 1941, the date of the injury,…