Slobodzian v. Beighley

Opinion by

Me. Justice Bok,

The minor plaintiff fell into an open cellarway behind a store and, with her mother as guardian, sued the owner. Defendant appealed when, following a jury’s verdict for the plaintiffs, his motions for a new trial and for judgment n.o.v. were overruled.

Three questions are presented: the defendant’s negligence, the minor’s contributory negligence, and her status as trespasser or gratuitous licensee. No trial errors are alleged.

The mise-en-scene is an open area or parking lot behind defendant’s supermarket at Main, Bridge, and Diamond Streets in Leechburg, Armstrong…