Menser v. Goodyear Tire & Rubber Co.

On March 9,1949, at the noon hour, appellant went into appellee’s place of business at Hot Springs for the purpose of making a payment on her account, when she slipped, as alleged, on some substance on the floor, fell, and was injured. After the introduction of her testimony and that of her doctor, plaintiff rested her case and the trial judge instructed a verdict for the defendant, appellee here.

The question on this appeal is the propriety of the action of the trial judge, and this depends on whether plaintiff’s testimony made a prima facie case of negligence against appellee.

In order to…