J. C. Penney Co. v. Morris

Smith, O. J.,

delivered the opinion of the court.

This is ’ an appeal from a judgment awarding damages for a personal injury, which the jury found was caused by negligence of the appellants.

The ease was tried twice in the court below. On the first trial there was a verdict and judgment for the appellants which the court set aside.

J. C. Penney Company are retail merchants, and the appellant L. J. Hersinger was its business manager. The appellee purchased a pair of slippers from J. C. Penney Company, Hersinger making the sale to her in person. She tried on the slippers and was satisfied with…