Bagwell v. McLellan Stores Co.

Oxner, Justice.

This is an action to recover damages for personal injuries sustained by respondent as a result of slipping and falling on the floor of a store operated by appellant. The trial resulted in a verdict for respondent in the sum of $4,250.00. The appeal presents two questions: (1) Did the Court err in refusing appellant’s motion for a directed verdict on the ground that there was no proof of actionable negligence? (2) Did the Court err in the admission of certain testimony claimed by appellant to be hearsay ?

On the afternoon of March 24, 1948, a clear day, respondent, a widow…