Cited by

Although they are not parallel in their facts to this case, we call attention to the following cases as of illustrative value: Hastings v. F. W. Woolworth Co. Inc. 189 Minn. 523 , ; Corrigan v. Elsinger, 81 Minn. 42 , ; Albachten v. The Golden Rule, 135 Minn. 381 , ; Duffy v. Stratton, 169 Minn. 136 , .

Co. Inc. 193 Minn. 629 , ; Albachten v. The Golden Rule, 135 Minn. 381 , ; Bragg v. The Dayton Co. 212 Minn. 491 , 4 N. W. (2d) 320 , or the liability of the possessor for failure to exercise reasonable care with regard to activities he carries on so as not to injure persons “outside” of his premises, Mulligan v. St.

1 Albachten v. The Golden Rule, 135 Minn. 381 , ; Ober v. The Golden Rule, 146 Minn. 347 , ; Schrader v. Kriesel, 232 Minn. 238 , 45 N. W. (2d) 395 ; Lincoln v. Cambridge-Radisson Co. 235 Minn. 20 , 49 N. W. (2d) 1 ; Messner v. Red Owl Stores, Inc. 238 Minn. 411 , 57 N. W. (2d) 659 .

We have held that, where a claim of negligence in the maintenance of a structure is based only upon an abrupt change of floor levels therein, there is not sufficient evidence to require submission of the issue to a jury, Albachten v. The Golden Rule, 135 Minn. 381 , ; but that, where there is evidence of distracting circumstances or faulty design, location, or construction, a fact question on this issue may be presented.

Lincoln v. Cambridge-Radisson Co. 235 Minn. 20 , 49 N. W. (2d) 1 ; Schrader v. Kriesel, 232 Minn. 238 , 45 N. W. (2d) 395 ; Ober v. The Golden Rule, 146 Minn. 347 , ; Albachten v. The Golden Rule, 135 Minn. 381 , .

2 E. g., Ober v. The Golden Rule, 146 Minn. 347 , ; Albachten v. The Golden Rule, 135 Minn. 381 , ; Schrader v. Kriesel, 232 Minn. 238 , 45 N. W. (2d) 395 .

Co. Inc. 193 Minn. 629 , ; Albachten v. The Golden Rule, 135 Minn. 381 , .

Defendants cite the holding of this court in Albachten v. The Golden Rule, 135 Minn. 381 , , to the effect that the presence of an entrance step, standing alone, is not sufficient upon which to predicate negligence.

thing there that keeps the light from this place where I fell.” In answer to the question, “And did that light that you are talking about now light up the entrance that you came in, or was it dim there ?” Johnson testified, “No. That is dark because there is a table in there where they store dishes or whatever is there which has shelves on it, which sheds it off.” In Albachten v. The Golden Rule, 135 Minn. 381 , , cited by the trial judge in his memorandum, the court said that the presence of a

Albachten v. The Golden Rule, 135 Minn. 381 , , and Merrill v. Morris Court, Inc. 180 Minn. 565 , , hold only that no breach of a conceded duty to the plaintiff was shown.

In Albachten v. The Golden Rule, 135 Minn. 381 , , we held that the *319 owner of a store might be guilty of negligence in failing properly to light a hallway even though the hallway might be properly constructed and free from obstructions.

In Albachten v. The Golden Rule, 135 Minn. 381 , , an almost identical situation was presented.

Johnson v. Ramberg, 49 Minn. 341 , ; Byard v. Palace Clothing House Co. 85 Minn. 363 , ; Albachten v. The Golden Rule, 135 Minn. 381 , ; Ober v. The Golden Rule, 146 Minn. 347 , ; Dore v. Swift & Co. 175 Minn. 545 , ; Mullen v. Sensenbrenner Merc.

The following, though not parallel in their facts, are of illustrative value: Corrigan v. Elsinger, 81 Minn. 42 , ; Albachten v. The Golden Rule, 135 Minn. 381 , ; Duffy v. Stratton, 169 Minn. 136 , ; Landy v. Olson & Serley S. & D. Co. 171 Minn. 440 , ; Poppleston v. Pantages M. T. Co. 175 Minn. 153 , ; Tierney v. Graves Motor Co. 185 Minn. 114 , .

Albachten v. The Golden Rule, 135 Minn. 381 , ; Ober v. The Golden Rule, 146 Minn. 347 , ; Poppleston v. Pantages M. Theatre Co. 175 Minn. 153 , ; 4 Dunnell, Minn. Dig.

It is quite clear that this plaintiff’s evidence, accepted by the jury, is not the same as that of the plaintiff in Albachten v. The Golden Rule, 135 Minn. 381 , , where it was held that a verdict for defendant was properly directed.

Our own case of Albachten v. The Golden Rule, 135 Minn. 381 , , is clearly dis *445 tinguishable.

Corrigan v. Elsinger, 81 Minn. 42, ; Albachten v. Golden Rule, 135 Minn. 381 , ; McDermott v. Sallaway, 198 Mass. 517 , 85 N. E. 422 , 21 L.R.A.(N.S.)