Simmonds v. Penn Fruit Co.

Opinion by

Mr. Justice Allen M. Stearns,

On the morning of May 28,1943, a bright sunny day, Ida F. Simmonds, a women of sixty-five years, together with her daughter, entered the self-service store of defendant Penn Fruit Company, , located in Darby, Pennsylvania. Decedent had completed her marketing, had paid for her purchases, and while walking from the cashier’s counter towards the door to leave tripped over the platform of a penny-scale and fell. The fall resulted' in serious injuries which led to decedent’s death a short time later. Two suits were brought against the Penn Fruit Company,…