Ross v. Mayflower Drug Stores, Inc.

Opinion by

Mr. Justice Schaffer,

The court below refused to enter judgment for defendant non obstante veredicto. Defendant appeals assigning the refusal as error.

The case is a very close one. We have not been convinced, however, that it should have been determined by the court as a matter of law.

About 8 o’clock on a December night, the minor plaintiff, in leaving defendant’s store, in which she had been a customer, fell on the icy step leading to the pavement and was injured. There can be no question about the icy condition of the step; three other persons had fallen on it during the afternoon:…