Toscani v. Quackenbush Co.

The opinion of the court was delivered by

Pebskie, J.

This appeal brings up for review a judgment of nonsuit granted by the trial judge, sitting without a jury, in favor of the defendant and against the plaintiffs. The facts are as follows: The plaintiff in this case Anna Toscani, a heavy set woman, was injured on November 14th, 1932, in falling while attempting to descend the stairs from the second to the ground floor in the store of the defendant. The'negligence charged in the complaint, as causative of the accident, was that the stairway, fan shaped in character, was faulty in construction…