Barber v. Cunningham

CULLEN, Commissioner.

On an afternoon in March the appellant Nathan Barber, a man weighing 350 pounds, entered (as a customer) a small neighborhood drugstore in Louisville operated by the appellee A. I. Bright under lease from the appellee C. J. Cunningham. Upon leaving the store a few minutes later, Barber fell from the platform or step outside the entrance door and was injured. His suit for damages went to the jury, which returned a verdict awarding damages of $5,875. Upon motion for judgment n. o. v. the court set aside the verdict and entered judgment dismissing the action. Barber has…