Reay, Adr. v. Montg.-Ward Co., Inc.

Opinion by

Hirt, J.,

Annette Reay, a customer in defendant’s store fell to the floor of the aisle and sprained her ankle. By the verdict in favor of plaintiff it is established that she slipped on an oily or greasy substance and that her fall aggravated an existing malady which caused her death. The evidence as a whole together with all inferences favorable to plaintiff does not charge defendant with negligence. For this reason there is error in the refusal of the court to enter judgment for defendant n.o.v.

Decedent was accompanied by her daughter who was the only witness to the accident. The…