Indiana Court of Appeals June 16, 1980, 1-1079A276 (Wiles v. Mahan)

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United States · · · 16-06-1980

YOUNG, Judge,

dissenting.

I dissent.

I would reverse the trial court and order a new trial. The giving of the defendant’s instruction no. 2 was error. The instruction reads as follows:

I instruct you, ladies and gentlemen of the jury, that a storekeeper must use ordinary care to keep premises in a reasonably safe condition for the customers.

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