Nelson v. Montgomery Ward & Co.

DONOVAN, District Judge.

In this diversity action to recover damages for personal injuries, plaintiff prevailed by return of a verdict on April 8, 1960 in the sum of $5,537.50.

Defendant at a special term of this Court in St. Paul, Minnesota, moved in the alternative for judgment notwithstanding the verdict or for a new trial on the following grounds:

1. The verdict is against the weight of the evidence;

2. The verdict is contrary to law; and

8. Errors assigned.

The facts are relatively simple. Plaintiff, 74 years of age, was on the premises of defendant, as a customer and invitee, on September 22,…