Epple v. S. H. Kress & Co.

The opinion of the court was delivered by

Price, J.:

In this action plaintiff sought damages for personal injuries sustained by her resulting from a fall in defendant’s retail store in Pittsburg.

The jury returned a general verdict for plaintiff in the amount of $800, and made special findings. Judgment was entered thereon and defendant has appealed.

The only question presented is whether defendant is entitled to judgment on the special findings notwithstanding the general verdict.

Discussion of the question necessitates a brief reference to the pleadings.

The petition alleged that plaintiff, a…