Diakolios v. Sears, Roebuck & Co.

Opinion by

Mr. Justice Arnold,

This is an action of trespass for injuries suffered by wife-plaintiff in a fall in defendant’s store while a business visitor therein. The jury returned a verdict for plaintiffs, but on defendant’s motion the court below entered judgment for defendant n.o.v. Plaintiffs appeal.

The verdict having been for plaintiffs, it is the well established rule that the testimony and all its inferences must be viewed in a light most favorable to them. The court below recognized this rule, but improperly concluded that plaintiffs failed to establish defendant’s negligence as the…