KLINE v. S. M. FLICKINGER CO.

No. 13988.

314 F.2d 464 (1963)

Olive Gertrude KLINE and Elmer P. Kline, Her Husband, Appellants, v. S. M. FLICKINGER CO., Inc., a New York Corporation, and Super-Duper, Inc., a New York Corporation, a Subsidiary of S. M. Flickinger Co., Inc. and Louis Greco, Defendants-Appellees, and Louis Greco, Individually and Doing Business as "Red and White" Grocery, Third-Party Defendant-Appellee.

United States Court of Appeals Third Circuit.

Decided March 7, 1963.


Attorney(s) appearing for the Case

Robert A. Jarvis, Pittsburgh, Pa. (Raymond W. Cromer, Beck, McGinnis & Jarvis, Pittsburgh, Pa., on the brief), for appellants.

V. C. Short, Pittsburgh, Pa., for S. M. Flickinger Co. and Super-Duper, Inc.

Russell J. Butler, Jr., Pittsburgh, Pa. (Weis & Weis, Pittsburgh, Pa., on the brief), for Greco.

Before BIGGS, Chief Judge, GANEY, Circuit Judge, and SHERIDAN, District Judge.


GANEY, Circuit Judge.

The question raised on this appeal is whether the trial court committed reversible error in restricting the issue of negligence at the trial to the condition of the threshold strip of the entrance to a grocery store.

On August 31, 1958, at 5:15 p. m., the wife-plaintiff entered the Red and White retail grocery supermarket in Galeton, Pennsylvania. After she had made a purchase and was in the process of leaving the store through the same...

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