Burton v. Horn & Hardart Baking Co.

371 Pa. 60 (1952)

Burton, Appellant,

v.

Horn & Hardart Baking Co.

Supreme Court of Pennsylvania.

Argued April 16, 1952.

May 29, 1952.

Before DREW, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.

Samuel I. Sacks, with him Sacks & Piwosky, for appellant.

John J. McDevitt, 3rd, with him Peter P. Liebert, 3rd, for appellee.

OPINION BY MR. JUSTICE CHIDSEY, May 29, 1952:

This is an appeal from a decree by the Court of Common Pleas of Philadelphia County refusing to take off a nonsuit in a trespass action for personal injuries.

Plaintiff, a 76 year old woman at the time of the accident, slipped as she was…