Angelelli v. Albert J. Mansmann Co.

Opinion by

Ross, J.,

This action in trespass was brought by husband and wife for damages for personal injuries sustained by the wife-plaintiff, while a customer in defendant’s department store, from a fall down stairs leading from the second to the first floors. The verdict of the jury, awarding husband and wife $200 and $800 respectively, was set aside by the granting of defendant’s motion for judgment n.o.v., and the plaintiffs have appealed.

The primary issue upon which liability depends is the question of constructive notice, and it was upon the determination of the court below that -there…