Davis v. Lee

The plaintiff-appellant (Mrs. Davis) is appealing the granting of a new trial to the defendants ap-pellees (Lee, Sr. and Lee, Jr.). Mrs. Davis had received a $40,000 verdict in a wrongful death action after a trial by jury.

Mrs. Davis’ complaint was in two paragraphs, the first of which alleged that the decedent was an employee of the Lees, and the second of which alleged that he was an invitee. Roth paragraphs charged the Lees with negligence: in failing to provide a safe place in which decedent could work; in placing an unlicensed firearm in a place where it was available to mischievous…