Prophet v. S. H. Kress Co.

CAMERON, Judge.

This is a suit for personal injuries sustained by the plaintiff, Martha Prophet, as a result of a “slip and fall” accident. The jury returned a verdict for the defendant. From a denial of a motion for a new trial plaintiffs appeal.

We are called upon to determine whether it was error to instruct the jury upon the issue of contributory negligence.

The facts viewed in a light most favorable to sustaining the instruction given by the trial court indicate that on or about the 8th day of November, 1967, the plaintiff, Martha Prophet, slipped and fell while leaving the premises of the…