Guttman v. F. W. Woolworth Co.

The plaintiff Jennie Guttman, desiring to purchase a vase, entered one of defendant’s stores. At the time the sales girl of the defendant was arranging articles on top of the counter upon which was displayed the vase in question. The articles were so arranged and so displayed as to permit the inspection and handling by the public. The vase was broken and in picking it up the plaintiff sustained injury. The defendant rested at the close of the plaintiff’s case and the court reserved decision on the motion to dismiss.

The question is whether or not the plaintiff should allege and prove actual or…