Oelschlaeger v. Hahne & Co.

The opinion of the court was delivered by

Ackerson, J.

The plaintiff, Elsie Oelschlaeger, sues for damages alleged to have been sustained when she fell over a stool in the shoe department of the defendant’s store. Her husband joins per quod.. After the completion of the plaintiffs’ evidence, the trial court dismissed the action on defendant’s motion, pursuant to Rule 3 :41-2, whereupon plaintiffs appealed the judgment entered thereon to the Appellate Division of the Superior Court. We then certified the cause on our own motion, pursuant to Rule 1:5—1, to aid in the completion of the Appellate…