Finnegan v. Goerke Co.

This is a rule for new trial taken out by the defendant. It is urged that the rule be made absolute for two reasons: (1) that the verdict is against the weight of the evidence, and (2) that the damages are excessive.

The first ground is without merit. Plaintiff fell over a box in the defendant’s store, which had been carelessly placed in one of the aisles. The negligence is not disputed, but it is claimed that plaintiff’s own negligence contributed. There is no substance in this. She was behind two other women •and could hardly be expected to anticipate that an obstruction would be placed in…