Madigan

This is an appeal by defendant from a judgment in favor of plaintiff entered pursuant to the verdict of a jury. The action was to recover damages on account of personal injury alleged to have been sustained through the negligence of defendant. A statement of the case follows.

The plaintiff at the date of the injury was a salesman engaged in the delivery of nine cases of groceries to the defendant company. The latter operates a large store in the city of San Jose. The goods sold are not manufactured on the premises, but the business conducted is that of retailing merchandise delivered to the said company. Por the purpose of receiving such goods the defendant has provided, among other facilities, a delivery chute opening on the sidewalk and descending to the basement. This opening to the basement was equipped with sidewalk doors, which are lowered flush with the sidewalk when not in use, and when raised form a barrier to protect pedestrians. The easterly side of this opening to the basement of the store was approximately two feet from the street curb, and from this easterly side of the opening a wooden chute, almost five feet wide, ran from the level of the sidewalk to the…