Manson v. May Department Stores Co.

This is an action for damages for personal injuries alleged to have been sustained by plaintiff as the result of plaster falling from the ceiling while a customer in the store of the defendant. The verdict resulted in favor of the ■ defendant and against the plaintiff. The trial court thereafter sustained plaintiff’s motion for a new trial and the defendant in due course appeals.

Plaintiff’s amended petition alleged negligence generally, and the defendant’s answer thereto was a general denial. Upon trial of the case however, the instructions given at the plaintiff’s request submitted her case…