Phoenix Amusement Co. v. Padgett's Adm'x

Opinion op the Court by

Van Sant, Commissioner

Reversing.

The action was instituted by appellee to recover damages of appellant for the death of Erma Artie Padgett. Miss Padgett died of an abscess of the brain, allegedly resulting from an injury sustained by her when she tripped on a defective carpet in the Ben Ali Theater, operated by appellant in Lexington. Judgment was entered upon a verdict of the jury in favor of appellee in the sum of Two Thousand Dollars ($2,000). The sole question for our determination is whether the evidence was sufficient to submit the case to the jury.

Appellee…