McDonald v. F. W. Woolworth Co.

SOPER, Circuit Judge.

This suit for personal injuries sustained by the plaintiff when she fell at the entrance of defendant’s store in Asheville, North Carolina, was dismissed at the conclusion of the plaintiff’s evidence on motion of the defendant on the ground that she had shown no ground for recovery; and she appealed to this court.

The plaintiff is a woman five feet six inches tall, who weighs two hundred and fifty pounds. The accident occurred approximately at 11:30 A.M. on September 28, 1948, while the plaintiff was in the act of passing through the doorway of the store. There had been a…