Opinion
November 13, 1962.
December 12, 1962.
Negligence — Possessor of premises — Store — Wire container shelf extender — Injury to customer while selecting merchandise — Knowledge of store manager — Contributory negligence.
In a trespass case, in which it appeared that plaintiff wife, marketing in defendant's store, struck her head on a wire container shelf extender, one of many scattered throughout the store, as she raised her head after having leaned over and picked up merchandise from one of the lower shelves, that the wire container in question blended in with the merchandise in it and on the adjoining shelves and was not easily visible, and that the manager of the store himself and other employes had previously struck their heads on the wire containers; and that the court below, holding, in the circumstances, that the questions of negligence and of contributory negligence were for the jury, dismissed defendant's motion for judgment n.o.v.; it was Held that the judgments of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WATKINS, MONTGOMERY, and FLOOD, JJ. (WOODSIDE, J., absent).
Appeals, Nos. 196 and 197, April T., 1962, from judgments of Court of Common Pleas of Washington County, May T., 1961, No. 45, in case of Betty Jane Thomas et vir v. The Great Atlantic and Pacific Tea Company. Judgments affirmed.
Same case in court below: 28 Pa. D. C. 2d 591.
Trespass for personal injuries. Before CARSON, P.J.
Verdicts for plaintiffs in the sum of $4,500; defendants' motion for judgment n.o.v. refused and judgments entered on the verdict. Defendant appealed.
Francis H. Patrono, with him Paul M. Petro, and Patrono, and Edwards, for appellant.
Richard DiSalle, for appellees.
Argued November 13, 1962.
The judgments of the court below are affirmed on the opinion of President Judge CARSON of the Court of Common Pleas of Washington County, as reported in 28 Pa. D. C. 2d 591.