Rogers v. Horn & Hardart Baking Co.

Opinion by

Carr, J.,

This appeal is from an order of the court below refusing defendant’s motion for judgment n.o.v. after a *85verdict in favor of the plaintiff for personal injuries sustained from a fall on the floor of the defendant’s restaurant. The appellant contends that appellee did not produce sufficient evidence of negligence.

From the record it appears that Frank A. Eogers, the appellee, entered the cafeteria-style restaurant of Horn & Hardart, the appellant, at 1508 Market Street, Philadelphia and purchased some food which he carried to a table. He then returned to the counter to make an…