Brunet v. S. S. Kresge Co.

SPARKS, Circuit Judge.

The defendant appeals from a judgment for $5,000 rendered against it in an action for damages for injuries sustained as the alleged result of its negligence in permitting a stairway in its store to become and remain slippery from water and snow, causing appellee to fall. Appellant moved for a directed verdict at the close of appellee’s evidence, and again at the close of all the evidence, and here contends that the court erred in denying its motion.

The injury as to which complaint is made occurred in February, 1939. The evidence showed that appellee, with a friend,…