Cross v. Laboda

Opinion by

Watkins, J.,

This is an appeal by Charles Laboda and Catherine Laboda, Ms wife, trading and doing business as Charles Restaurant, the appellant, from the judgment of the Court of Common Pleas of Fayette County, in the amount of $5000 in favor of Ephriam L. Cross, the appellee, in an action of trespass.

The action grew out of injuries sustained by the appellee in the Charles restaurant. On November 19, 1951, Cross entered the Charles re'staurant, ordered a glass of beer at the bar and then went to the rest room. *121On M's return, the glass of beer and his stool had been moved from the bar…