O'Brien

This is an appeal from an order of the court granting a new trial after verdict of the jury for damages for personal injuries.

The facts alleged by plaintiffs were that Julia H. 0 ’Brien, one of the plaintiffs, went to the drug-store of defendant and after making a purchase attempted to enter the ladies’ toilet, but finding it occupied was directed by the porter to the “Gents’ Toilet,” situated at the head of a cellar stairway, and that not being warned of danger she fell down a short flight of steps and was injured. The defendant alleges that when the plaintiff found the ladies’ toilet occupied she then attempted to enter another door upon which was printed in large letters the words, “Positively No Admittance. Private,” and wilfully disregarding the Said sign and warnings of defendant’s employees, was injured because of her own carelessness and negligence.

The testimony of plaintiff Julia H. O’Brien in itself is contradictory as to what was said and done.

To some extent her testimony corroborates the testimony of the witnesses Stromwall, Stout, and Harrison, showing that the door to the cellarway and “gents’ toilet” was locked and not open to the public and that it was not…