O'Brien v. Dickinson Drug Co.

PEAIRS, J., pro tem.

This is an appeal from an order of the court granting a new trial after verdict of the jury for damages for personal injuries.

The facts alleged by plaintiffs were that Julia H. 0 ’Brien, one of the plaintiffs, went to the drug-store of defendant and after making a purchase attempted to enter the ladies’ toilet, but finding it occupied was directed by the porter to the “Gents’ Toilet,” situated at the head of a cellar stairway, and that not being warned of danger she fell down a short flight of steps and was injured. The defendant alleges that when the plaintiff found the…