Potter v. Glosser Bros. Dept. Store

Opinion by

Rhodes, J.,

This is an action in trespass brought by plaintiff to recover damages for personal injuries which he claims were sustained when he fell on the floor of defendant’s store. The jury returned a verdict for plaintiff. Defendant’s motions for judgment n. o. v. and for a new trial were dismissed. From the judgment entered for plaintiff, defendant has appealed.

On April 6, 1937, about 11:40 a.m., appellee slipped and fell, injuring his right knee, while in appellant’s store. Appellee ascribed the fall to the presence of oil on the floor. He ,did not see or discover the oil spot…