Burckhalter v. F. W. Woolworth Co.

Opinion by

Mr. Justice Drew,

This action in trespass was brought for damages for injuries sustained by the wife plaintiff on defendant’s premises. Binding instructions having been refused defendant, the case was submitted to a jury and verdicts for plaintiffs returned. Judgments were entered on the verdicts, after motions for a new trial and judgments n. o. v. were dismissed, and these appeals! followed.

On October 4, 1938, a few minutes after five o’clock, the store’s closing hour, Mrs. Burckhalter was leaving defendant’s store in Butler, Pennsylvania, by the same way by which she had entered.…