Malek v. Gimbel Bros.

Opinion by

Wright, J.,

Leo Malek and Eleanor Malek, his wife, filed a complaint in trespass against Gimbel Brothers, Inc., alleg*183ing that the wife-plaintiff, a customer in defendant’s department store, sustained personal injuries when struck on the right leg by a bin which fell from a moving truck or dolly. The jury returned a verdict for the defendant, and the court below granted a new trial. This appeal followed.

The record discloses that, shortly after the store opened on the morning of May 13, 1958, Mrs. Malek was standing at a counter in the hosiery department. Appellant’s employes had…