Brinkworth

Action to recover damages for personal injuries alleged to have been sustained as the result of defendant’s negligence.

In its answer defendant denied the imputed negligence and alleged contributory negligence on the part of the plaintiff.

At the close of plaintiff’s evidence, defendant moved for a nonsuit upon the ground that the testimony offered on behalf of plaintiff not only failed to show that defendant was guilty of negligence, but established the fact that plaintiff’s injuries were the result of contributory negligence. The motion was granted, followed by a judgment from which plaintiff has appealed.

Defendant conducted a store for the sale of groceries, fruits, and vegetables. As shown by a plat received in evidence, the storeroom, on the east side of the street, was about sixty feet square, around the sides and rear of which were counters. In the center of the storeroom was a fruit and vegetable stand, the width of which, fronting the store entrance, was some twelve or fifteen feet, and around which were located counters for the display and delivery of goods to purchasers. Around this fruit and vegetable stand there was, for the use of customers, an aisle or…