MACALADY v. WHELAN DRUG CO., INC.


179 Pa.Super. 563 (1955)

Macalady, Appellant, v. Whelan Drug Company, Inc.

Superior Court of Pennsylvania.

November 16, 1955.


Attorney(s) appearing for the Case

William F. Quinlan, for appellant.

John Paul Erwin, with him James Paul Dornberger and George D. Sheehan, for appellee.

Before RHODES, P.J., HIRT, ROSS, GUNTHER, WRIGHT, WOODSIDE, and ERVIN, JJ.


OPINION BY WRIGHT, J., November 16, 1955:

Grace I. Macalady instituted an action in trespass against Whelan Drug Company, Inc. After a verdict in favor of plaintiff, the lower court granted defendant's motion for judgment n.o.v. This appeal followed.

Appellee operated a drug store at Germantown and Chelten Avenues in the City of Philadelphia. The lobby entrance to the store was recessed approximately ten feet from the building line, with the side walls of...

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