Howard v. Food Fair Stores, New Castle, Inc.

Wolcott, Justice.

This is an appeal from a summary judgment entered on motion of the defendant. The plaintiffs, husband and wife, appeal.

The action is one for personal injuries resulting from a fall by Mrs. Howard, the plaintiff-wife, in the defendant’s store. We state the facts as they appear from the depositions on which the motion for summary judgment was based.

On Monday, July 30, 1962, at approximately 12 noon, Mrs. Howard entered the defendant’s store located in the Continental Shopping Center in Wilmington Manor. She entered the store and walked toward the rear down the right-hand aisle…