Florence Rumsey v. The Great Atlantic and Pacific Tea Company, Inc

(dissenting) .

As this appeal now stands, concededly Pennsylvania law governs its substantive negligence problem. Also concededly Smith v. Bell Telephone Co., 397 Pa. 134, 153 A.2d 477 (1959) correctly sets out what is the Pennsylvania law for said governing problem.

Plaintiff slipped and fell in one of defendant’s stores. She instituted a negligence suit in the District Court to recover for injuries sustained. A jury verdict in the amount of $20,000 was rendered in her favor. On November 27, 1967, upon defendant’s motion for judgment notwithstanding the verdict, in an opinion and order of the…