Hadjenian v. Sears, Roebuck & Co.

After all of the testimony had been presented Kelly moved for a directed verdict. In support of its contention that the motion should have been granted, Kelly claims there is no credible evidence to support a jury finding that Bartlein or Barbasiewicz plugged the openings in the coal water heater. Both employees testified that they did not insert the plugs. No witness testified he or she saw anyone insert the plugs. Therefore, Kelly contends, the positive testimony of the plumber and his helper stands unimpeached and the jury verdict is based upon conjecture.

Marcella Hadjenian, a daughter,…