McIntosh v. Linder-Kind Lumber Co.

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal from a directed verdict, rendered after the completion of defendant’s testimony, in favor of the defendant and against the plaintiff. Upon judgment being entered the plaintiff made a motion for a new trial which was refused and this appeal ensued.

The facts for the most part are uncontroverted. The plaintiff a forty-four year old female suffered an injury as a result of a fall on the premises of the defendant. She had been for many years a cook in various restaurants in Helena, in which capacity she was the main…