MARKLE v. ROBERT HALL CLOTHES


411 Pa. 282 (1963)

Markle, Appellant, v. Robert Hall Clothes.

Supreme Court of Pennsylvania.

June 5, 1963.


Attorney(s) appearing for the Case

Louis George Feldmann, with him Richard A. Kane, for appellant.

John A. Gallagher, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. CHIEF JUSTICE BELL, June 5, 1963:

Appellant instituted a trespass action against appellee, the owner of a so-called "low overhead" clothing store in Wilkes-Barre, to recover damages for personal injuries.

Clothing sold by the appellee was displayed on racks; the racks were made of pipe and were not attached to the floor. In the part of appellee's store where the plaintiff was injured, there were several parallel rows of such racks, adjacent...

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