Jiminez v. Sears, Roebuck & Co.

Opinion

PETERS, J.

In this action for personal injuries, the jury returned a verdict for defendants. The trial court granted a motion for new trial, and defendants have appealed from the order granting the motion.

Plaintiff’s testimony may be summarized as follows: He purchased a stepladder from defendant Sears, Roebuck & Company, and kept the ladder in a storage room in his backyard. A few days before the accident he sought to use the ladder to prune a peach tree, but the ground was too muddy, and he desisted. The only other time he used the ladder was when he wanted to place some Christmas…