HUTTINGER v. G.C. MURPHY COMPANY

No. 19,302.

131 Ind. App. 642 (1961)

172 N.E.2d 74

HUTTINGER v. G.C. MURPHY COMPANY

Court of Appeals of Indiana.

Rehearing denied March 7, 1961.

Transfer denied May 9, 1961.


Attorney(s) appearing for the Case

Louis H. Dunten and James P. Murphy, both of Ft. Wayne, for appellant.

Leigh L. Hunt, Hunt & Suedhoff, of Ft. Wayne and Winslow VanHorne, of Auburn, for appellee.


KELLEY, J.

At the conclusion of appellant's evidence, the court, upon motion of appellee, directed the jury to return a verdict for the latter. The propriety of such action by the court is the material question presented by the record herein.

Appellee operates a retail store in Fort Wayne, Indiana. On March 1, 1947 said store was open for the transaction of business and for entry by prospective customers. On said day it snowed most of the day. At about 1:30...

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