PEWATTS v. J. C. PENNEY COMPANY

Civ. A. No. 63-584.

238 F.Supp. 736 (1965)

Anna PEWATTS and Nicholas Pewatts, her husband, Plaintiffs, v. J. C. PENNEY COMPANY, a corporation, Defendant.

United States District Court W. D. Pennsylvania.

March 2, 1965.


Attorney(s) appearing for the Case

James R. Duffy and McArdle, Harrington & McLaughlin, Pittsburgh, Pa., for plaintiffs.

Herbert Grigsby and Pringle, Bredin, Thomson, Rhodes & Grigsby, Pittsburgh, Pa., for defendants.


WEBER, District Judge.

In this diversity negligence action, wife plaintiff was a business invitee in defendant's store. As she was walking along a main aisle in the store she noticed a display of hats and dresses to her left and she turned left into a side aisle about 44 inches wide and proceeded a few feet into the carpeted side aisle. She then examined some hats displayed on stands on a counter about 30 inches high on her left. She then turned right and examined...

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