Mascoela v. Wise, Smith & Co.

The plaintiff brought this action to recover damages for injuries suffered when she fell while descending a stairway in the store of the defendant. The jury rendered a verdict for the defendant and the plaintiff has appealed from the refusal of the trial court to set it aside and from the judgment. There seems no serious dispute that the plaintiff’s fall was due to slipping upon a small piece of fruit which was upon the stairway. .There was no evidence that any employee of the defendant knew of the presence of the fruit there. The plaintiff’s fall occurred about 4 o’clock, and while there was…