Bennett v. Cole

This is a negligence case.

The plaintiff, Mattie Bennett, fell outside of Cole's Big Star grocery store. She sued the defendants, Cole's Big Star, and its owner, W.C. Cole, seeking damages for personal injuries she received as a result of the fall.

The case was tried before a jury, which returned a verdict for Mrs. Bennett, and awarded her damages in the amount of $10,000. The defendants filed a motion for judgment notwithstanding the verdict, which was granted. Mrs. Bennett then filed this appeal.

Viewing the evidence with the attendant presumptions, the following facts are pertinently…