Burns

Plaintiff brought this action to recover damages for personal injuries alleged to have been received while in the store of respondent. Trial was had before a jury, verdict was for defendant, and from the judgment which followed and from the order refusing his motion for a new trial plaintiff appeals.

Defendant was a dealer in hardware merchandise. Plaintiff was familiar with its place of business, and had frequently visited its store upon business. One end of the store was used as a shipping department, and there had been constructed in that portion a U-shaped driveway, or runway, for the use of teams. It was in this driveway, a short distance from the entrance, that the accident occurred. There was a hanging floor along the side of the driveway, from which goods were thrown or lowered into the driveway, to be loaded on wagons and transported. The space under this hanging floor was used for storing goods, and also provided a safe passageway for pedestrians entering or leaving the store by that particular entrance. On the day of the accident plaintiff was walking along the passageway, either entering or leaving the store. At the same time Conroy, an employee of defendant, was upon…