The plaintiff in the District Court, as the result of a jury trial, obtained a judgment for $10,000 for injuries sustained in September 1937, when she fell on a stairway leading from the first floor to the basement of a store kept by the defendant in Durham, north Carolina. According to the testimony on her behalf, she caught the heel of her right shoe in a loose metal strip attached to the edge of one of the steps as she was descending, and was thrown with such violence as to cause a fracture of the left femur. The theory of the suit was that the defendant was negligent in permitting the stairway used by its customers to get into a dangerous and defective condition.According to the plaintiffs evidence, this condition had been brought to the attention of the defendant eighteen months earlier by the fall of a Mrs. Pickard on the same stairway, also caused by a protruding metal strip; but nevertheless the strips were not removed from the steps until after the accident in suit. The defense was that the metal strips had been removed three months before the plaintiffs fall when it was hoticed that they had gotten into a dangerous condition. We must of course accept the plaintiffs version in view of the jurys verdict.