Trubin v. Penn Fruit Co.

VAN DUSEN, District Judge.

This action, resulting from personal injuries suffered by the wife plaintiff when she fell on the pavement in front of one of defendant’s stores in the City of Philadelphia, comes before the court on a motion for new trial filed by plaintiffs after the jury returned a verdict for defendant.

Evidence was introduced at the trial from which the jury could have found that the wife plaintiff was walking south on the 12 to 15 feet wide pavement in front of the store1 2on the west side of Broad Street between 4:45 and 5:30 on a late November afternoon. It had been raining…