Cohen v. Penn Fruit Co.

Opinion by

Montgomery, J.,

These two appeals are from judgments entered in favor of the appellee (defendant) in the Municipal Court of Philadelphia County after a trial without a jury before the Hon. John Robert Jones, J.

The actions below were in trespass for personal injuries sustained by Miriam Cohen as a result of a can of fruit juice falling and strildng the small toe of her right foot. Appellants are husband and wife.

In lieu of printing the record of testimony, the following agreed statement of facts has been filed, viz. (as limited to the occurrence) :

“On October 6, 1958, about 10:30…