Dush v. Fitzhugh

This suit is brought by Delia Fitzhugh, a colored, woman, to recover damages for an injury sustained by falling through an open hatchway in defendant’s store in the city of Memphis. The case was tried by the circuit judge without a jury. He has given us his *308views of the law and finding of the facts in the opinion accompanying his judgment in favor of the plaintiff. This we are called on to review, together with his subsequent action on motion for a new trial.

On the facts of the case, we assume the finding of his Honor to be correct, and to have the same weight as the verdict of a jury in such…