Categories: Illinois Appellate Court Opinions

FREEMAN v. LEADER MERCANTILE CO., 313 Ill. App. 652 (1942)

40 N.E.2d 548

Ella Freeman, Appellant, v. Leader Mercantile Company, Appellee. (Abstract of Decision.)

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.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

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“Not to be published in full.”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.

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