Kramer v. F. W. Woolworth Co.

Plaintiff brings this action to recover for injuries suffered in a fall on a stairway in defendant’s store. She appeals from a directed verdict. She contends for reversal a jury question was presented, it was error not permitting a witness to testify to the condition of the stairs the day following, and in not permitting plaintiff to call defendant’s manager as an adverse witness.

The-first proposition narrows down to the question of the sufficiency of the evidence to show constructive notice of the condition alleged as causing the fall, a gum spot, on the part of defendant. The jury could…