Hixenbaugh Et Vir. v. McCrory Co.

Baldrige, J.,

Opinion by

The plaintiffs brought this action of trespass to recover damages for personal injuries sustained by the wife plaintiff in falling as she stepped out of a door in departing from defendant’s store. The trial judge entered a compulsory nonsuit on the ground that no negligence had been shown upon the part of the defendant and that Mrs. Hixenbaugh’s own testimony disclosed that she was guilty of contributory negligence. The plaintiffs appeal from the refusal of the court below to take off the nonsuit.

Mrs. Hixenbaugh, accompanied by her husband, entered the defendant’s…