252 Minn. 215 (1958) 89 N.W. (2d) 712 MARK CHRISTIAN PETERSON, A MINOR, BY THEODORE W. PETERSON, HIS FATHER AND NATURAL GUARDIAN, AND ANOTHER v. RICHFIELD PLAZA, INC., AND ANOTHER. NEW ENGLAND FURNITURE COMPANY, APPELLANT. No. 37,261. Supreme Court of Minnesota. April 18, 1958. *216 Meagher, Geer, Markham & Anderson, David W. Nord, and O.C. Adamson II, for appellant. Harold J. Sorensen and Herbert C. Davis, for respondents. KNUTSON, JUSTICE. This is an appeal from an order of the trial court denying defendant's motion for judgment notwithstanding the verdict or a new trial. Defendant New England Furniture Company has for many years been engaged in the business of operating a furniture store in Minneapolis. On February 24, 1954, it opened a suburban store in Richfield. The store building was owned by defendant Richfield Plaza, Inc. The case originally was commenced against both defendants to recover damages for injuries sustained by Mark Christian Peterson, a child of tender years, when he was alleged to have fallen from a balcony at the rear of the store building. At the close of all the evidence, the court dismissed the case as to Richfield Plaza, Inc. Inasmuch as the propriety of so doing was not argued in appellant's brief, we shall refer to the New England Furniture Company as defendant. At the rear of the store involved was a balcony, 11 feet above the *217 main floor, running the entire width of the store. A railing 2 feet 8 1/2 inches high was erected in front of this balcony. The railing consisted of a horizontal bar supported by upright metal bars, one-half inch square, which were fastened to the floor at the bottom and to the railing at the top. These bars were spaced 11 1/2 inches apart. The balcony was reached from the main floor by means of a stairway located somewhere near the center of the balcony. The stairway was in the form of an inverted T, the bottom 2 wings running parallel with the balcony to a common landing about halfway up to the balcony. From this landing a single stairway proceeded at right angles through the balcony, emerging about halfway between the front and rear of the balcony. The edge of the balcony, where the stairway cut through it, was protected by a railing identical with that in front of the balcony which has been described. The portion of the balcony to the left of the stairway, as a person proceeded upward, was used for an office. The other side of the balcony was used to display juvenile furniture. As a person reached the head of the stairs there was a cashier's counter about 4 or 5 feet to his left. Behind this counter or shelf was the office space, in which were located a credit desk and other office furniture. The office space was entered through a swinging door or gate about 20 inches wide, which was next to the railing at the edge of the balcony. The hinges …
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