Gallihue v. Penn Fruit Co.

Opinion by

Wright, J.,

On July 5, 1958, Mary A. Gallihue, a customer in a super-market operated by the Penn Fruit Company, was injured in one of the check-out aisles. She and her husband instituted a trespass action, the trial of which resulted in the following verdict by the jury: “Verdict for Mary A.. Gallihue in the sum of $2969.00 for loss of salary; and for Lester F. Gallihue in the sum of $312.00 for medical, x-rays and maid”. The court en banc subsequently granted defendant’s motion for a new trial, and this appeal by the plaintiffs followed.

Access to the aisle in question was controlled…