Opinion
January 29, 1935.
March 25, 1935.
Before FRAZER, C. J., SIMPSON, KEPHART, SCHAFFER, MAXEY, DREW and LINN, JJ.
Appeals, Nos. 173 and 174, Jan. T., 1935, by plaintiffs, from decree of C. P. Lackawanna Co., March T., 1934, No. 1180, in case of Ella Snyder et al. v. Isaac Salwen et al., doing business as Home Furniture Company. Judgment affirmed.
Trespass for personal injuries. Before LEWIS, J.
Compulsory nonsuit entered. Motion to take it off refused. Plaintiffs appealed.
Error assigned, inter alia, was refusal to take off nonsuit, quoting record.
M. J. Martin, with him Geo. W. Ellis and Paul G. Collins, for appellants.
Reese H. Harris, with him Walter W. Harris, of O'Malley, Hill, Harris Harris, for appellees.
Argued January 29, 1935.
Plaintiffs appeal from judgment of nonsuit entered against them in their action for damages for injuries sustained by the wife plaintiff in attending a fire sale at defendants' store in Scranton, where she was hurt when the large crowd attempting to enter the store forced her against an upright erected in connection with boarding placed to protect the plate glass windows at the narrow entrance.
An examination of the record in this case fails to disclose actionable negligence on the part of the defendants. The nonsuit was properly granted.
The judgment of the court below is affirmed.