Kirk v. Stineway Drug Store Co.

This is an appeal from a judgment on a directed verdict entered in favor of defendant at the close of plaintiff’s evidence in a suit for personal injuries sustained as a result of a fall from a household stepladder purchased from defendant. The trial court directed a verdict on both counts of the complaint. Count I alleged a breach of implied warranties of fitness for use and merchantability, as prescribed by the Sales Act (Ill Rev Stats 1961, c 121½, § 15). Count II was based on common law negligence in the sale of a defective stepladder.

A motion for a directed verdict presents a single…