McDonough v. Lenox Theater Co.

This action was brought to recover for personal injuries alleged to have been sustained by the plaintiff in a fall in the defendant’s theater. The jury returned a verdict for the plaintiff. The court .set aside the verdict but denied the defendant’s motion for judgment notwithstanding the verdict. The plaintiff has appealed from the decision granting the motion to set aside the verdict. The defendant has filed a cross appeal based on the denial of its motion for judgment notwithstanding the verdict.

The plaintiff offered evidence to prove the following facts: She is a widow seventy-five years…