Bowser v. J. C. Penney Co.

Opinion by

Mr. Justice Drew,

This is an appeal from the refusal of the court below to take off a compulsory nonsuit. Mildred E. Bowser, plaintiff, was injured by a fall alleged to have been caused by the negligence of the J. C. Penney Company, defendant. She and her husband, Leroy E. Bowser, co-plaintiff, brought an action in trespass against defendant and after they had presented their evidence, the trial court on motion of defendant, granted a nonsuit on the' ground that plaintiff had not established negligence.

Viewing the evidence'as we must in the light most favorable to plaintiffs and…