Sitkei v. Ralphs Grocery Co.

Plaintiffs appeal from a judgment in favor of defendant after trial before a jury in an action to recover damages for personal injuries received by plaintiff Bertha Sitkei.

Viewing the evidence most favorable to defendant (respondent) the facts are:

October 5, 1935, plaintiff Bertha Sitkei, wife of plaintiff George Sitkei, entered defendant’s store in the city of Santa Monica and proceeded to walk down an aisle between the fruit and grocery departments. Mr. McPherson, an employee of defendant, had left a small hand-truck in the passage-way. As he stooped and started to pick up the truck by the…