S. H. Kress & Co. v. Barratt

GARDNER, Justice.

Plaintiff was a pedestrian upon the sidewalk, and her evidence tends to show a blow on her head from the overhanging awning as she was about to enter the store of defendant. The defendant company owned, constructed, and maintained this awning, having, of course, its management and control. The accident is such as in the ordinary course of events does not happen if those who have the management use proper care, and the facts and circumstances disclosed by the record create presumptive evidence of negligence, and give rise, therefore, .to the application of the doctrine of res…