Boock v. Acme Markets, Inc.

The facts are stated in the opinion by EAGEN, J., of the court below, in part, as follows:

This is an action in trespass which by agreement was tried before EAGEN, J., without a jury. The Court makes the following findings of fact:

1. The defendant corporation is in the retail food business and for that purpose owns, maintains and operates a self-service store or market, at 901 Pittston Avenue, Scranton, Penna., to which during business hours the general public is invited.

2. That on March 29th, 1941, at or about the hour of 6:30 p. m., the plaintiff, Elsie J. Boock, entered said store through a…