Smith Et Ux. v. Amer. Stores Co.

Opinion by

Hirt, J.,

In this action for damages from the wife’s injury the jury found in favor of each of the plaintiffs. Judgment was entered for the wife and on the verdict for the husband in a reduced amount. Defendant in this appeal maintains that it is entitled to a new trial in any event, but more seriously contends that there is error in the refusal of judgments n. o. v. in its favor.

Defendant operates a number of markets selling meats, produce and groceries at retail, among them a store on Baltimore Avenue in Philadelphia. In the late afternoon of January 15, 1943, the wife-plaintiff…