Gary v. Spitler

In September, 1926, the plaintiff below, Eva Gary, rented (from month to month) a small building on east 3rd street, Chattanooga, Tennessee, from the defendants at a rental of $20 per month. She operated a restaurant in said building.

On January 15, 1927, a plank in the floor of said building near her stove broke with her. Her foot and a part of her leg went through the floor and she sustained the injuries for which she brought this suit.

At the trial the attorney for the defendants at the conclusion of the plaintiff’s evidence moved for a directed verdict in their favor. The court sustained…