40 N.E.2d 548
Appellate Court of Illinois.
Opinion filed March 2, 1942
TRIAL, § 254.3[*] — prima facie case, judgment n.o.v. as error.
Where the plaintiff, while a customer in a store, fell on a stairway to her injury, and she testified that the place where she slipped was worn and slick from natural wear, and the jury returned a verdict in her favor, the plaintiff made a prima facie case of actionable negligence and the trial court erred in entering judgment notwithstanding the verdict.
Appeal from City Court of Granite City; Hon. WESLEY LUEDERS, presiding.
Reversed and remanded with directions. Heard in this court at October term, 1941
Whitnel, Browning, Listeman Walker and Manuel M. Wiseman, for appellant;
Altman Bremser, of counsel;
Lashly, Lashly, Miller Clifford and Kramer, Campbell, Costello Wiechert, for appellee;
Oliver J. Miller, of counsel.
Opinion by JUSTICE DADY.
“Not to be published in full.” Opinion filed March 2, 1942.