Freund v. Hyman

Opinion by

Mr. Justice Bell,

Mrs. Freund brought an action of trespass against the defendants for injuries resulting from a fall on the pavement of the defendant, Hyman, on Locust Street, Ephrata, at 1 o’clock in the afternoon of August 22, *361951. She appealed from the order of nonsuit entered against her by the Court below.

She was walking on the pavement along Locust Street about a foot behind Mrs. Frank and talking with her. The day was clear. Plaintiff’s pertinent testimony was as follows: “Q. I show you ‘C.P. No. 1’ [a photograph] and ask whether that shows the pavement along Locust…