Opinion
Gen. No. 10,035. (Abstract of Decision.)
Opinion filed October 22, 1945 Released for publication November 12, 1945
INKS, RESTAURANTS AND LODGING HOUSES, § 19 — when verdict for plaintiff against manifest weight of evidence in suit for injuries in fall down stairway. In action by patron of hotel dining room for injuries sustained in fall down marble stairway between mezzanine floor and lobby, where plaintiff relied upon absence of handrail, smooth condition of marble, and glare of lights on stairway as negligence, and defendant's evidence was that plaintiff fell when high heel on her shoe caught on step; and it appeared that there was low marble balustrade or banister on side where plaintiff was walking and handrail on other side; and there was no evidence of any foreign substance on stairs, held that verdict for plaintiff was against manifest weight of evidence on issues of negligence and contributory negligence, and that order granting new trial was proper.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Winnebago county; the Hon. WILLIAM R. DUSHER, Judge, presiding.
Judgment notwithstanding the verdict reversed. Order granting new trial affirmed and cause remanded. Heard in this court at the May term, 1945.
Miller, Thomas Hickey, for Appellant;
Charles A. Thomas, of counsel;
L.W. Menzimer, for appellee.
Not to be published in full. Opinion filed October 22, 1945; released for publication November 12, 1945.