Gayer Ex Rel. Stubblefield v. J. C. Penney Co.

DOERNER, Commissioner.

Action for damages for personal injuries alleged to have been sustained when a piano in defendant’s store fell on plaintiff. Plaintiff had a verdict and judgment below for $5,000. Defendant filed a motion for judgment in accordance with its motion for a directed verdict or in the alternative for a new trial. The trial court sustained defendant’s motion for a judgment, without specifying the ground or grounds therefor, vacated the judgment for plaintiff, entered judgment for defendant, and overruled the motion for a new trial, whereupon plaintiff appealed.

Defendant’s…