Martin v. Statler

Opinion by

Mr. Justice Musmanno,

On September 19, 1949, at about 8 o’clock in the evening, A. E. Martin and Ms wife, Jessie Martin, were motoring northwardly on State Highway Route No. 8 in Butler County. Coming into the village of Cooperstown they stopped on their side of the road, to purchase fruit at a market located on the other side of the road which at this point is made up of three concrete slabs, each 10 feet wide.

Mrs. Martin, 68 years of age, alighted first from the car, walked around to the rear and then started across the highway to the fruit stand. She had advanced about 18 feet…