Ayres v. Wanamaker

Citations

• 220 Pa. 313
• 69 A. 759
• 1908 Pa. LEXIS 772

Syllabus

<p>Negligence — Hatchway in sidewalk — Evidence—Contributory negligence.</p> <p>In an action against the proprietors of a department store to recover damages for personal injuries, it appeared that in the public pavement alongside of the store there was a hatchway. The hatchway was surrounded by a booth with doors which gave access to and from the street into the booth. There was evidence that the door of the booth through which plaintiff entered, supposing that it was an entrance to the store, was so constructed that it swung in, and not out, and that on the outside of it there was a catch.or hook that was fastened when plaintiff approached the door. There was nothing to show that plaintiff either observed it, or that it was so placed and of such a character, that an ordinarily prudent person would have observed it; nor was there any evidence showing that plaintiff met with any resistance in opening the door. The witness who testified as to the existence of the catch stated that the plaintiff simply pushed open the door and entered. After passing the door the plaintiff fell down the hatchway and was injured. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>