Wall v. Lit
Supreme Court of Pennsylvania
Appeal, No. 444, Jan. T., 1899, by plaintiff, from order of C. P. No. 3, Phila. Co., March T., 1899, No. 155, refusing to take off nonsuit. Trespass for personal injuries. Before McMichael, J. At the trial it appeared that on January 26, 1899, the plaintiff went to a large department store owned by tire defendants to make a purchase.
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Appeal, No. 444, Jan. T., 1899, by plaintiff, from order of C. P. No. 3, Phila. Co., March T., 1899, No. 155, refusing to take off nonsuit. Trespass for personal injuries. Before McMichael, J. At the trial it appeared that on January 26, 1899, the plaintiff went to a large department store owned by tire defendants to make a purchase. He went into the basement by the direction of a floorwalker, and after he had made his purchase was struck by a roll of oilcloth which one of defendants’ employees had been carrying. Plaintiff described the accident as follows: “ A. I was standing in the…
1Opinion of the Court
Per Curiam,
In this case the injury was the plain result of one of those inevitable accidents against which human foresight cannot provide, and where, under all the authorities, there is no culpable negligence by any of the parties. In such cases there can be no recovery.
Judgment affirmed.
2Cited by1 opinion
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