McKean v. S. S. Kresge Co.

Opinion by

Ervin, J.,

The plaintiff, Elsie McKean, brought an action in trespass to recover damages from the defendant, g. g. Kresge Co., allegedly suffered when plaintiff fell on the floor in one of defendant’s stores. A verdict was returned by a jury in favor of the plaintiff in the sum of $3,780.00. After the dismissal of motions for a new trial and judgment n.o.v., a judgment was entered on the verdict for the plaintiff and the defendant appealed. We feel that the action of the court below in dismissing the motion for judgment n.o.v. was proper but that a new trial must be granted.

The…