McClurken

The plaintiff (respondent here) testified at the trial that he was shopping in defendant’s grocery-store and while following a clerk who was carrying a sack of potatoes through the store “stepped on something very slick and slippery and slipped and fell violently to the floor.” He also testified that he saw scraps of vegetables on the floor just where and as he fell and that the vegetable-stand was about ten feet from where he fell. A motion for nonsuit was made and granted and thereafter a new trial was granted. We are here considering the appeal upon the latter act.

The motion for nonsuit was made upon “the ground that there had been no showing made by the plaintiff of actionable negligence on the part of defendant”. The motion for a new trial is sought to be sustained alone upon the contention that the granting of the nonsuit was against law. Applied to the facts of the case respondent (plaintiff below) thinks the plaintiff’s testimony amounted to some substantial evidence of the defendant’s negligence and that the question of negligence should have been submitted to the jury. The case of Williamson v. Hardy, 47 Cal. App. 377 [ 190 Pac. 646, 647 ], presents the same point upon…