Georgia Saddler v. Bethel Markets, Inc

While I concur in the reasoning and result, I would go further lest it be inferred that there was no jury question presented on the question of the hole, the first theory of liability relied on by the plaintiff.

True, there was no direct proof of knowledge of the hole or of the opportunity to know of it, but such proof is not always necessary. Oberheim v. Pennsylvania Sports and Enterprises, 358 Pa. 62, 55 A.2d 766; Lanni v. Pennsylvania R. Co., 371 Pa. 106, 107, 88 A.2d 887; Stais v. Sears, Roebuck & Co., 174 Pa.Super. 498, 102 A.2d 204, affd. 378 Pa. 289, 106 A.2d 216. A hole about 2-3 feet…