Francis v. Cleveland Drug Co.

Supreme Court of North Carolina

Francis v. Cleveland Drug Co.

55 S.E.2d 499, 230 N.C. 753, 1949 N.C. LEXIS 444

CourtSupreme Court of North Carolina

DecidedOctober 19, 1949

StatusPublished

Cited by3 cases

This text of 55 S.E.2d 499 (Francis v. Cleveland Drug Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Francis v. Cleveland Drug Co., 55 S.E.2d 499, 230 N.C. 753, 1949 N.C. LEXIS 444 (N.C. 1949).

Pincite

Opinion

Per Curiam.

Plaintiff went to defendant’s drug store to get a prescription filled. "While waiting, he saw someone, not an employee of defendant, go to a refrigerator in a small storage room adjoining the prescription room and get a Coca-Cola. He went to the refrigerator and got one for himself. After drinking the Coca-Cola he undertook to place the empty bottle on a shelf in the room near an open stairway leading to the basement. In so doing, he fell into the open stairway and suffered certain personal injuries. The room was not open for the accommodation of customers and plaintiff was not invited therein by defendant. Upon this state of facts the judgment must be affirmed on authority of Clark v. Drug Co., 204 N.C. 628, 169 S.E. 217, and Wilson v. Dowtin, 215 N.C. 547, 2 S.E. 2d 576.

Affirmed.

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Per Curiam.

Plaintiff went to defendant’s drug store to get a prescription filled. "While waiting, he saw someone, not an employee of defendant, go to a refrigerator in a small storage room adjoining the prescription room and get a Coca-Cola. He went to the refrigerator and got one for himself. After drinking the Coca-Cola he undertook to place the empty bottle on a shelf in the room near an open stairway leading to the basement. In so doing, he fell into the open stairway and suffered certain personal injuries. The room was not open for the accommodation of customers and plaintiff was not invited therein by defendant. Upon this state of facts the judgment must be affirmed on authority of Clark v. Drug Co., 204 N.C. 628, 169 S.E. 217, and Wilson v. Dowtin, 215 N.C. 547, 2 S.E. 2d 576.

Affirmed.

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Bluebook (online)

55 S.E.2d 499, 230 N.C. 753, 1949 N.C. LEXIS 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francis-v-cleveland-drug-co-nc-1949.

Opinion

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