Simmons Ex Rel. Simmons v. Kroger Grocery & Baking Co.

Action to recover damages for personal injuries. There was a verdict and judgment for $9,333 actual and $9,888 punitive damages against the Kroger Grocery &. Baking Company and George Blodgett. This appeal is .from that judgment.

Appellants summarize the facts supporting the verdict as follows :

“So considered (in the light most favorable, to plaintiff) it-appears that the plaintiff and his cousin Senneth were, on the evening of October 31, 1931, Hallowe’en evening, although only about nine years old, taking part in the spirit of the occasion when ghosts and-goblins are supposed to walk and…