Bender v. Kroger Grocery & Baking Co.

Action in damages by an employee for personal injuries alleged to have been caused through the negligence of his employer. Trial by jury was begun, and, at the close of the plaintiff’s case, the trial court gave an instruction in the nature of a demurrer to plaintiff’s evidence. Thereupon plaintiff took an involuntary nonsuit with leave to move to have same set aside. Thereafter the court sustained plaintiff’s motion to that end and granted a new trial. From this order the defendant has appealed. The amount claimed as damages fixes our jurisdiction.

The sole question is the sufficiency of the…