32 A.2d 759 | Pa. | 1943
The facts are stated in the opinion by EAGEN, J., of the court below, in part, as follows:
This is an action in trespass which by agreement was tried before EAGEN, J., without a jury. The Court makes the following findings of fact:
1. The defendant corporation is in the retail food business and for that purpose owns, maintains and operates a self-service store or market, at 901 Pittston Avenue, Scranton, Penna., to which during business hours the general public is invited.
2. That on March 29th, 1941, at or about the hour of 6:30 p. m., the plaintiff, Elsie J. Boock, entered said *502 store through a front entrance thereof for the purpose of purchasing certain articles therein.
3. The plaintiff had been in the store before the accident several times, on an average of three or four times a week for a period of three or four years and knew the general layout of the store.
4. That inside the store on the right side of the entrance through which the plaintiff entered is maintained an open space or passageway which is usually closed by the means of two chains which bar said gate or passageway from use by the public. This passageway was not for the public entrance or exit but is used to convey boxes and general freight into the store.
5. That at the time the plaintiff entered said store the upper chain was not in place but the lower chain was hung across the passageway between two uprights and its heighth at the highest point from the floor was eighteen inches and said chain was a rusty brown in color.
6. That at the time the plaintiff entered the store all of the artificial lights therein were illuminated and it was twilight outside.
7. That upon entering the store the plaintiff turned to the right to enter the store proper through the passageway above described and tripped over the bottom chain and was thrown to the floor and received serious injuries.
8. That at the time she entered said passageway, the plaintiff was not looking at the floor or where she was going but had her attention and eyes fixed on a fruit stand or counter, which was several feet away from where the chain was located.
9. The plaintiff was guilty of contributory negligence.
Judgment entered for defendant. Plaintiff appealed. The judgment of the court below is affirmed on the opinion of that court.