GOGGAN v. CONSOLIDATED MILLINERY CO.


242 Or. 328 (1965)

409 P.2d 174

GOGGAN v. CONSOLIDATED MILLINERY COMPANY

Supreme Court of Oregon.

Affirmed December 15, 1965.

Petition for rehearing denied January 11, 1966.


Attorney(s) appearing for the Case

C.S. Emmons, Albany, argued the cause for appellant. On the brief were Willis, Kyle, Emmons & Kropp, Albany.

Asa Lewelling, Salem, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and PERRY, DENECKE, LUSK and SCHWAB, Justices.


AFFIRMED.

DENECKE, J.

The defendant operated the millinery concession in a Salem department store. Defendant's space in the store was partially occupied by counters containing layers of drawers. The plaintiff, Mrs. Goggan, was in defendant's department trying on hats. Mrs. Goggan stepped backward, tripped on an open drawer, and injured herself when she fell. The plaintiff obtained a verdict; however, the trial court granted defendant's motion for a new trial...

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