Harvey v. Maistrosky

ALLEN, Chief Judge.

The appellant, as plaintiff below, brought an action against the Self Service Shoe Store, appellee here, for damages she claims by reason of sitting on a canvas stool or chair which collapsed while she was sitting thereon in the defendant’s store. At the conclusion of the plaintiff’s evidence, the lower court directed a verdict for the defendant-appellee. This appeal is from the final judgment entered for the defendant.

The lower court, in directing the verdict for the defendant, said:

“The Court: Gentlemen of the jury, the law permits the Court first to pass upon whether…