Holmberg v. Indianhead Oil Co., Inc.

The plaintiff was injured when she fell leaving the premises of the defendant, which was a combination filling station and store in Spooner, Wisconsin. The jury found the defendant 75-percent negligent and plaintiff 25-percent negligent. Damages were assessed at $5,000.

Upon motion the trial court granted defendant judgment notwithstanding the verdict and denied plaintiff’s motion for a new trial. This appeal followed.

The plaintiff, a 36-year-old mother of six children, while on vacation drove to the defendant store in the family car for the purpose of obtaining gas and soda pop for the…