Truby & Truby v. Nolan

Opinion by

Gawthrop, J.,

This is an action in trespass by a husband and wife for damages for personal injuries suffered by the latter, who alone has a judgment from which defendant appeals. As one of the contentions here is that the court below erred because it did not declare, as matter of law, that no negligence was shown on the part of the defendant, we shall state the material facts.

Defendant was the proprietor of a store in the City of New Castle in which ladies’ wearing apparel was sold. The storeroom was 92% feet deep by 45 feet vide. About eleven o’clock in the morning Mrs. Truby was in…