Crawford v. American Stores Co.

This is the defendant’s rule for a new trial. The reasons urged for making the rule absolute are refusal of a nonsuit, alleged improper instructions to the jury, weight of the evi*414dence preponderating in favor of the defendant, permitting a medical man to testify as an eye expert, in view of his own statement that he was not an eye specialist, and excessive damages. None of these reasons appeal to us as meritorious except the last.

The facts were that the plaintiff entered the grocery store of the defendant at Pleasantville, and while standing in front of the counter was injured by some falling…