Duffy v. Stratton

Lees, C.

This action was brought by James Duffy to recover damages for personal injuries suffered when he fell down a stairway in a hardware store leased by appellant from the defendant Stratton. The jury returned a verdict of $1,000 in Duffy’s favor. A motion for judgment notwithstanding the verdict or for a new trial was made by both defendants. On January 29, 1926, Stratton’s motion for judgment and appellant’s motion for a new trial were granted. Duffy had died three days prior thereto. His administrator was substituted as plaintiff and promptly moved that the order of January 29th be…