Tshudy v. Hubbs Stores Corporation

Per Curiam,

Plaintiff appeals from the refusal of the court below to lift a compulsory nonsuit granted in an action of trespass of which the facts were as follows: Plaintiff entered defendant’s store to make a purchase, and sig nified his intention of doing so by touching the manager on the back. The latter was in a stooping position with his back toward plaintiff, and engaged at the time in trimming lettuce with a knife. Before serving the customer, for some unexplained reason the manager half turned and raised the instrument as if to throw it at plaintiff. The knife slipped or flew out of…