Maxfield v. Fox Kansas Theatre Co.

The opinion of the court was delivered by

Thiele, J.:

This was an action to recover damages for injuries sustained in a fall in a theater. After a prolonged trial, a verdict was returned in favor of the plaintiff. Defendant filed its motion for'a new trial on all grounds specified in the code of civil procedure, and upon consideration of the motion, the trial court found it should be overruled insofar as liability of the defendant was concerned, but should be sustained as to the amount of damages and a new trial granted on that issue only, and it ruled accordingly. Defendant perfected its…