Corin v. S. S. Kresge Co.

The trial was before a District Court without a jury. That court refused a nonsuit when plaintiff rested, and at the conclusion of the evidence defendant moved for judgment on the ground that there was no evidence of negligence. That motion was denied, and these two rulings are the foundation of the appeal.

We concur in the conclusion of the Supreme Court that the evidence justified an inference of negligence in preparing the cole slaw eaten by plaintiff in defendant’s restaurant, and in which, according to the testimony, there was a small quantity of broken glass. One piece plaintiff gave to…