Andre v. Mertens

The opinion of the court was delivered by

Trenchard, J.

In this action the plaintiff recovered a verdict for injuries sustained in falling down the stairs of the defendants’ moving picture theatre, and the defendants below appeal from the judgment entered upon the verdict.

The first reason relied upon for a reversal is the denial by the trial judge of motions to nonsuit and for the direction of a verdict in favor of the defendants.

Both motions were rested upon the grounds—first, that there was no evidence of the defendants’ negligence, and second, that the plaintiff was guilty of contributory…