Grove v. Polar Water Co.

Opinion by

Mr. Justice Barnes,

Plaintiffs, Marie and Harry Grove, brought this action to recover damages for injuries sustained by Mrs. Grove when she fell, after stepping upon a cellar door, at the moment defendant’s driver was lifting it to deliver some bottled water. After a verdict for defendant, the court below granted a new trial because of an alleged inadequacy in the charge. Prom that order defendant appealed, assigning as error the refusal of its motion for binding instructions, and the granting of plaintiffs’ motions for a new trial.

In the early afternoon of June 18, 1937, Mrs. Grove…