Barkdoll v. Sears, Roebuck & Co.

DONOVAN, District Judge.

Plaintiff had a verdict for $4,000.00 in this diversity action commenced and tried to the Court and jury to recover damages attributed to defendant’s negligence.

Plaintiff’s evidence was directed at plaintiff’s falling on steps upon defendant’s premises.

Defendant has moved in the alternative for judgment notwithstanding the verdict or for a new trial. The grounds relied on by movant are these:

1. The verdict is contrary to the evidence.

2. The verdict is contrary to law.

3. Errors assigned.

1. Is the verdict contrary to the evidence ?

The facts in evidence disclose that…