Paine v. Gamble Stores, Inc.

Hilton, Justice.

Plaintiff, as administratrix of the estate of her deceased husband, Ray H. Paine, brought this action to recover damages for his death. She secured a verdict for $10,000 against the O’Brien Mercantile Company, hereinafter referred to as the defendant, and it appeals from an order denying its alternative motion for judgment notwithstanding the verdict or a new trial.

Mr. Paine’s lifeless body was discovered early in the morning of July 12,1936, in an areaway at the foot of a stairway which descended to a basement entrance of a building in the city of Brainerd, Minnesota. This…