De Verdi v. Weiss

Plaintiffs commenced this action to recover compensation for personal injuries suffered by Mrs. De Verdi on June 18, 1935, when she slipped and fell in the Weiss Cafe operated by defendant Harry Weiss. When both parties had rested, the court upon motion of defendant instructed the jury to return a verdict for defendant. Plaintiffs appeal from the judgment entered upon the return of the verdict.

In passing upon the power of the trial court to grant a motion for an instructed verdict we must consider the evidence in the light most favorable to plaintiffs. The action of the trial court will be…