Smith v. Seven-Eleven, Inc.

STONE, Judge.

As plaintiff Rose Smith (hereinafter sometimes referred to as plaintiff) was leaving one of defendant’s markets in . Springfield, Missouri, about 1 P.M. on Sunday, October 31, 1965, she fell and fractured her right ankle. In Count I of the petition filed in this action, she sought damages for her injury; and, in Count II of that petition, plaintiff Elmer Smith, her husband, sought damages for loss of her services and companionship and for medical and hospital expenses incident to her treatment. With defendant standing on its motion for directed verdict at the close of plaintiffs’…