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MAETZOLD v. WALGREEN CO.

No. 37,039.

249 Minn. 572 (1957)

83 N.W. (2d) 233

ERVIN MAETZOLD v. WALGREEN COMPANY.

Supreme Court of Minnesota.

May 24, 1957.

Attorney(s) appearing for the Case

William W. Fink, for appellant.

Stearns, Baumgardner & Stearns and Harry S. Stearns, Jr., for respondent.

KNUTSON, JUSTICE.

Appeal from an order denying plaintiff's motion for a new trial.

On October 23, 1951, plaintiff entered a drugstore, owned and operated by defendant in the city of St. Paul, for the purpose of purchasing some cigars. The cigar counter was located about three feet, or not more than 46 inches at the most, from a row of shelves used to display other merchandise. As plaintiff entered the store and approached...

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