JACK v. APPLEBAUM'S FOOD MARKETS, INC.

No. 40251.

158 N.W.2d 857 (1968)

Roy JACK et al., Plaintiffs, v. APPLEBAUM'S FOOD MARKETS, INC., Defendant and Third-Party Plaintiff, Appellant, v. ALLIED STORE EQUIPMENT COMPANY and Advance Construction Company, Third-Party Defendants, Respondents.

Supreme Court of Minnesota.

May 10, 1968.


Attorney(s) appearing for the Case

Tyrrell, Jardine, Logan & O'Brien, St. Paul, for appellant.

Meagher, Geer, Markham & Anderson, Mary Jeanne Coyne, and O. C. Adamson, II, Minneapolis, for Allied Store Equipment Co.

Mordaunt, Walstad, Cousineau & McGuire, Minneapolis, for Advance Const. Co.

Heard before KNUTSON, C. J., and MURPHY, ROGOSHESKE, SHERAN, and PETERSON, JJ.


OPINION

ROGOSHESKE, Justice.

Appeal by defendant and third-party plaintiff, Applebaum's Food Markets, Inc., from a judgment and an order denying its motion for a new trial.

Plaintiff Margaret Jack was injured while shopping at one of Applebaum's St. Paul stores. On December 2, 1961, while she was inspecting some items in a dairy cooler, she stepped into a drain depression which was 1½ inches below the general level of the floor, located in front...

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