Callahan v. a. Wishart & Sons Co.

Opinion by

Mr. Justice Allen M. Stearne,

This is a trespass action for personal injuries, which has been tried twice and each time the jury has returned a verdict for the plaintiff in the amount of $5,000.00. The defendant filed a motion for judgment n. o. v. which the court in banc dismissed. It is from the dismissal of its motion for judgment n. o. v. that defendant appeals.

Viewed in the light most favorable to the plaintiff, the facts are as follows: defendant’s business property, consisting of several buildings, abuts on Railroad *500Street, a public street, between 11th and 12th Streets, in…