Klein Et Ux. v. F. W. Woolworth Co.

Per Curiam,

Plaintiffs, husband and wife, sued in trespass to recover damages for alleged injuries to the wife, sustained in a fall on March 23, 1927, in defendant’s store in the City of McKeesport. After verdict rendered for plaintiffs, the trial judge refused defendant’s motion for judgment non obstante veredicto, but granted a new trial. Defendant appealed.

The alleged negligence on the part of defendant was in washing and oiling the floor of one of the aisles of the storeroom without “powdering” the oiled space to render it reasonably safe for prospective customers. This condition was…