Dimarco v. Cupp Grocery Co.

Opinion by

Keller, J.,

TMs is ¡an appeal from the refusal of the court below to take off a non-suit in an action of trespass for personal injury.

On the night of Saturday, September 19, 1925, the plaintiff went to defendant’s store to get some meat which he had ordered by telephone earlier in the evening. He arrived there at twenty minutes past eleven o’clock, when defendant’s employees were about closing the store. While he waited for ia customer ahead of Mm to be served, two of defendant’s employees were oiling the floor with a floor dressing wMch was applied on Saturday nights once or twice a…