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BURTON v. HORN & HARDART BAKING CO.

371 Pa. 60 (1952)

Burton, Appellant, v. Horn & Hardart Baking Co.

Supreme Court of Pennsylvania.

May 29, 1952.

Attorney(s) appearing for the Case

Samuel I. Sacks, with him Sacks & Piwosky, for appellant.

John J. McDevitt, 3rd, with him Peter P. Liebert, 3rd, for appellee.

Before DREW, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE CHIDSEY, May 29, 1952:

This is an appeal from a decree by the Court of Common Pleas of Philadelphia County refusing to take off a nonsuit in a trespass action for personal injuries.

Plaintiff, a 76 year old woman at the time of the accident, slipped as she was going down the steps leading to the ladies' room in one of defendant's restaurants. The accident occurred on November 21, 1949, about 11:20 a.m.

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