Macalady v. Whelan Drug Co.

Opinion by

Wright, J.,

Grace I. Macalady instituted an action in trespass against Whelan Drug Company, Inc. After a verdict in favor of plaintiff, the lower court granted defendant’s motion for judgment n.o.v. This appeal followed.

Appellee operated a drug store at Germantown and Chelten Avenues in the City of Philadelphia. The lobby entrance to the store was recessed approximately ten feet from the building line, with the side walls of the lobby constructed of curved glass display windows. In the center of the lobby appellee placed a white weighing scale approximately four feet high. This scale…