Emmons v. E.P. Charlton & Co.

• Decision Date: 24 April 1911
• Citation: 63 Wash. 276,115 P. 163
• Parties: EMMONS et ux. v. E. P. CHARLTON & CO.
• Court: Washington Supreme Court

115 P. 163

63 Wash. 276

EMMONS et ux. v. E. P. CHARLTON & CO.

Supreme Court of Washington, En Banc.

April 24, 1911

Appeal from Superior Court, King County; Boyd J. Tallman, Judge.

Action by C. H. Emmons and wife against E. P. Charlton & Co. From a judgment for plaintiffs, defendant appeals. Affirmed.

Farrell, Kane & Stratton, for appellant.

Brightman & Tennant, for respondents.

MOUNT J.

Action for personal injuries. The plaintiffs recovered a judgment for $500, and the defendant has appealed.

It appears that the defendant was conducting a store in the city of Seattle, where the public was invited to enter and purchase goods which were offered for sale. This store was about 118 feet long by 52 feet wide, on the main or first floor of the building. About the center of the store and crosswise thereof, a stairway eight feet in width led to the basement. About 12 feet down this stairway there was a landing, where a small room was provided for a restroom for patrons. At this landing the stairway made a right angle and continued on to the basement. The whole floor of the store room was occupied by numerous tables upon which wares were displayed. Aisles between these tables extended both lengthwise and crosswise of the room. One of the main aisles extended past the head of the stairway mentioned. A cross aisle extended to the stairway. An iron banister or guard three feet high, extended around three sides of the stairway. Tables had been placed up to these banisters, which tables contained wares, and on top of these other small tables were placed, also holding wares; and on the floor beneath these tables baskets were placed, also containing wares. So that neither the stairway nor the banisters were visible to persons on the main floor, except perhaps immediately at the head of the stairway. One looking down the aisles lengthweise of the store could not see any indication of a stairway.

On December 14, 1909. at about 3:30 o'clock in the afternoon, the plaintiff Amanda Emmons entered the store for the purpose of purchasing some articles therein. She inquired of a lady working there where she could find the article, and was directed to go down an aisle. The plaintiff had been in the store but once before, and did not known of the stairway or its location. She testified that the store was crowded with shoppers, and that she started to go down the aisle as directed, following the crowd and being jostled by the crowd and by persons going in the opposite direction that when she came to the stairway, which she did not see and did not know about, going at right angles thereto and straight ahead, she stepped unsuspectingly into the stairway and fell down to the first landing. She also testified that the stairway was not lighted, and was obscured by tables around it. The result was a broken arm and other bruises.

A witness for the defendant testified that, while sitting in the restroom across the landing on the stairway, and while she was looking up the stairway, she saw the plaintiff fall that just before the plaintiff fell she met a lady going in...