Dolgner v. Dayton Co.

Plaintiff, recovered a verdict of $1,360 against the defendant for personal injuries received while she was a customer in defendant’s store. The defendant appealed from an order denying its blended motion for judgment or a new trial.

• The principal question involved on this appeal is whether or not the evidence was sufficient to justify the jury in finding that a release given to the defendant by the plaintiff was given under mutual mistake and therefore not a bar to plaintiff’s recovery in this action.

The plaintiff’s right shoulder was bruised by a cash box carried by one of the cash girls…