Solomon v. Alps Kandy Shoppe, Inc.

The plaintiff Jane Solomon was injured by falling over the platform of a weighing scale which in her complaint she alleged to have been negligently placed in the path of exit as she left the restaurant of the defendant. A verdict was directed for the defendant on the ground that there was a variance between the complaint and the proofs, and from the consequent judgment the plaintiff appeals.

The variance claimed was that a weighing scale, having a base of fifteen inches square and a registering face a few *179inches wide four or five feet above, and supported by a narrow upright, was in a recess…