Greene v. Burns

Opinion oe the Court by

Wm. Rogers Clay, Commissioner

Reversing.

*711. Appellee, Annie Burns, brought this action against appellant, James Greene, to recover damages for personal injuries alleged to have been received through the negligence of one of appellant’s servants. The jury awarded her $400. From the judgment based thereon, this appeal is prosecuted.

Appellant insists that the court erred in failing to award him a peremptory instruction.

Appellee testified that she went into Greene’s store in company with a clerk by the name of McMeekin. He took her up on the elevator to the third floor, where…