Swanson v. S. S. Kresge Co.

Plaintiff sued to recover for injuries resulting from a fall on the stairway of defendant’s department store. The jury returned a verdict finding defendant guilty and assessing plaintiff’s damages at $750. Defendant appeals from a judgment entered upon the verdict.

Plaintiff filed a statement of claim consisting of three counts. No proof was introduced in support of the second and third counts, so that it is only necessary to state the allegations of the first count. It alleges that prior to and on November 2, 1935, defendant maintained and possessed a certain store or salesroom located at 227…