Atherton v. Hoenig's Grocery

Plaintiff’s petition alleged that on October 25, 1954, she fell on a defective threshold of the doorway of the building- housing defendant’s place of business in Fort Madison, and in so doing was injured through suffering a fracture of her right arm. Trial resulted in a jury verdict in her favor for $3000. The trial court gave her the option of remitting $1000 or taking a new trial. She declined to remit and appeals to this court from the ruling.

I. Both at the close of plaintiff’s case and at the close of all the evidence the defendants moved for a peremptory verdict in their favor. The only…