McCormick Ex Rel. McCormick v. Lowe & Campbell Athletic Goods Co.

The defendant, Lowe Campbell Athletic Goods Company, furnished a vaulting pole which broke while plaintiff was using it in vaulting, and thus caused him to fall and be injured. He brought this suit to recover for his injuries, had a verdict and judgment in the amount of $7500. The defendant has appealed.

The defendant argues the court erred in refusing its request for directed verdict. In ruling this question we must accept as true the evidence favorable to plaintiff and reject as untrue the evidence for the defendant, unless that evidence tends to aid the plaintiff's case.

The facts are:…