COOPER v. PAY-N-SAVE DRUGS, INC.

No. 35847.

59 Wn.2d 829 (1962)

371 P.2d 43

NELLIE E. COOPER, Appellant, v. PAY-N-SAVE DRUGS, INC., Respondent.

The Supreme Court of Washington, Department One.

April 26, 1962.


Attorney(s) appearing for the Case

Kumm, Maxwell, Petersen & Lee, for appellant.

Guttormsen, Scholfield, Willits & Ager, for respondent.


WEAVER, J.

Was it error for the trial court to instruct the jury on "unavoidable accident"?

Plaintiff, a customer in defendant's store, was directed to a particular section where the merchandise she wished to purchase was located. As she approached the area, she observed a portable barbecue grill on display. While selecting her purchase from the shelf, she stood next to the barbecue grill and brushed against it with...

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