Smith v. Emporium Mercantile Co. Inc.

OLSEN, Justice.

Defendant appeals from an order denying its alternative motion for judgment notwithstanding the verdict, or, if that be denied, then for a new trial. The trial court denied the motion for judgment and denied the motion for a new trial on condition that plaintiff consent to a reduction of the verdict to $1,800. Such consent ivas given and filed. Defendant had moved for a directed verdict at the close of the evidence.

The defendant operates a large department store in the city of St. Paul. On October 17, 1929, plaintiff came into the store, as she states, to look at some dress…