CARTER, J. Plaintiffs, husband and wife, commenced this action against defendants for damages for injuries sustained by plaintiff, Pearl Hatfield, from a fall in defendants' mercantile store, alleged to have been caused by the negligent maintenance of the Floor. Defendants denied that they were negligent and pleaded the defense of contributory negligence. A jury trial was had resulting in a verdict for plaintiffs of $10,000, and defendants appeal from the judgment entered thereon. All four defendants made a motion for a new trial. The motion was denied as to all except defendant Maebel Morris; as to her it was granted on the ground of insufficiency of the evidence one day after all of the defendants had perfected their appeal from the judgment.
