Pilgreen v. Hanson

1. Special ground 1 of the amended motion for a new trial assigns error on the charge of the court: “If she shows to you by a preponderance of the evidence in this case that the defendant was guilty of some one or more or all of the acts of negligence which are set out and charged in this petition, and that such negligence was the proximate cause of any injury and damage which she received, she would be entitled to recover.” The petition alleges as negligence of the defendant that the defendant, with knowledge of “said patent defects” in the floor, failed to warn plaintiff of the same; that…