Fish v. Gilchrist Co.

Exceptions overruled. The plaintiff excepted to the setting aside of a verdict for the plaintiff under leave reserved. The action was in tort for injuries sustained by the plaintiff’s intestate when she tripped on a display sign on the fifth floor of the defendant’s store on February 15, 1952. The evidence taken most favorably for the plaintiff showed as follows: The plaintiff’s intestate “struck her left foot on the base of this sign” as “she looked up at the indicator lights over the elevators.” She had not seen the sign before this. It was made of dark metal, with a heavy base about two…