258 F. 917 | 3rd Cir. | 1919
One of tire defendants in error, while a customer in the department store of the plaintiff in error in the city of Pittsburgh, caught her foot in a tear or worn spot in a carpet or rug which covered one of the aisles of the store, and was thereby thrown to the floor. As a result she sustained personal injuries, to recover damages for which she and' her husband brought this action, and were awarded judgment in the court below. The action was based upon the alleged negligence of the defendant in failing to maintain the carpet or rug in a. safe condition. It is not disputed that, under the evidence, the question as to whether Mrs. Cranston’s injuries were due to the defendant’s negligence was for the jury.
The proprietor of a store to which prospective customers are invited, like any other person who, expressly or impliedly, invites others upon his premises, is not an insurer of'their safety while in the store, but owes to them merely the duty of exercising reasonable care to keep the store in a safe condition for their proper use. Toland v. Paine Furniture Co., 175 Mass. 476, 56 N. E. 608; Schnatterer v. Bamberger & Co., 81 N. J. Law, 558, 79 Atl. 324, 34 L. R. A. (N. S.) 1077, Ann. Cas. 1912D, 139; Albachten v. Golden Rule, 135 Minn. 381, 160 N. W. 1012; Chilberg v. Standard Furniture Co., 63 Wash. 414, 115 Pac. 837, 34 L. R. A. (N. S.) 1079. We are unable to interpret the decisions of the appellate courts of Pennsylvania, in Woodruff v. Painter & Eldredge, 150 Pa. 91, 24 Atl. 621, 16 L. R. A. 451, 30 Am. St. Rep. 786, Bloomer v. Snellenburg, 221 Pa. 25, 69 Atl. 1124, 21 L. R. A. (N. S.) 464, Polenske v. Lit Bros., 18 Pa. Super. Ct. 474, and Sidwell v. Gimbel Bros., 52 Pa. Super. Ct. 286, as
The defendant’s requests or points for instructions were therefore, in the main, proper, although, as actually framed, they perhaps did not express the rule just as we have above stated it. As they, or the rule of law intended’to be conveyed by them, were not covered in the charge, and thus, as the jury’s attention was not directed to the crucial points on which, under the evidence, the liability or nonlia-bility of the defendant dependéd, we think there was error in declining to charge them, at least in substance.
It follows that the judgment must be reversed, and a new trial granted.