Subasky v. Great Atlantic & Pacific Tea Co.

Opinion by

Hirt, J.,

In this trespass action for damages resulting from injuries to the wife, the jury found for both plaintiffs. These appeals question the propriety of the entry of judgment n. o. v. in favor of the defendant.

There is little dispute as to the facts. About 6 P. M. on March 30,1945, plaintiffs were marketing together in defendant’s store in Wilmerding as had been their weekly custom for several years. They were familiar with the store both in its physical aspects and the self-service method of its operation. They had made some purchases of supplies which were placed in a wire…