Fisher v. Pomeroy's, Inc.

Opinion by

Mr. Justice Linn,

The appellant-defendant conducts a department store in the City of Reading. The plaintiff was a customer. In descending a stairway on November 9, 1928, she caught her heel in the corrugations of a metal tread on the third step from the bottom, fell and sustained serious injury. While a verdict for either party would find ample support in the printed evidence, the jury, in reaching its verdict for plaintiff, may have concluded, as they had the power to conclude, that the metal tread had been worn to such extent that, notwithstanding the exercise of care, one’s heel…