Bragg v. the Dayton Company

Julius J. Olson, Justice.

Plaintiff’s negligence action resulted in a verdict for her. On defendant’s motion, the court ordered judgment in its favor notwithstanding the verdict. Plaintiff appeals from the judgment.

On the morning of December 3, 1938, plaintiff was among the first of a large number of customers who entered defendant’s department store in Minneapolis. While she was hurrying down one of the aisles in the basement part of the store, she came in contact with a “sevenpenny box nail” imbedded, as she claims, in an opening between the ends of where the floor boards joined. The nail…