OTTO v. PHILLIPS


299 S.W.2d 100 (1956)

H. E. OTTO et al., d/b/a Spoonamore Drug Company, Appellant, v. Mae PHILLIPS and Josephine Steele, Coad-ministratrices of the estate of Sue Waters, deceased, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 15, 1957.


Attorney(s) appearing for the Case

James F. Clay, Danville, for appellant.

Newlin & Silliman, Danville, Joseph J. Leary, Frankfort, for appellee.


MOREMEN, Judge.

This is an appeal from a judgment whereby appellee, Sue Waters, was awarded $15,000 in damages for injuries received when she fell in the drugstore owned by appellants, Otto and Leake, in Danville.

During the daytime on May 26, 1953, appellee, who was 83 years of age, entered the drugstore for the purpose of obtaining a cool drink at the soda fountain which was situated in the back part of the store. The store front contained two plate glass...

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