Arens v. McHale

PALMORE, Judge.

Mary Arens appeals from a judgment entered on a directed verdict for the defendant in her suit against Charles McHale, d/b/a M. & W. Food Market, for personal injuries sustained in a fall. The verdict was directed at the conclusion of plaintiff’s evidence. The ground stated by the trial court was that her evidence showed contributory negligence as a matter of law. Our conclusion is that the question was for the jury.

Mrs. Arens was in McHale’s grocery store as a customer. The meat counter and a refrigerated case containing milk, cheese, and eggs, which she refers to as the milk…