MOORE, Justice.
Defendant's only assignment of error, except to the signing of the judgment, was to the failure of the court to sustain his motions for judgment of involuntary nonsuit. The sole question for decision here is whether upon the evidence the defendant, shopkeeper, failed in his duty to plaintiff, customer.
The duty of a shopkeeper with respect to the safety of customers is as stated in Lee v. H. L. Green & Co.,
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