Franz Et Ux. v. Peccalaio

Opinion by

Mr. Justice Allen M. Stearne,

These appeals are from the refusal of the court below to remove a compulsory nonsuit entered against appellants, husband and wife, in an action of trespass for personal injuries sustained by the wife.

On Sunday evening, November 21, 1943, between 6 and 6:30 o’clock, when it was “just beginning to get dusk,” the wife appellant, accompanied by a daughter, was walking north on the sidewalk on Beaver Avenue in the City of Pittsburgh. She was passing two feet in front of the fruit and vegetable store of appellee. The store was open for business although no…