Bloomer v. Snellenburg

Citations

• 221 Pa. 25
• 69 A. 1124
• 1908 Pa. LEXIS 423

Syllabus

<p>Negligence — Department store — Obstruction of aisle — Contributory negligence.</p> <p>Where the owner or occupier of premises, in the prosecution of his own purposes, invites another to come upon the premises, he cannot with impunity expose the visitor to an unreasonable risk of any sort.</p> <p>A person walking in the aisle of a large store, where goods are exposed on all sides for inspection and sale, is not required to exercise the same degree of caution to watch for obstructions on the floor, as he would be required to exercise as if he were walking upon a public highway.</p> <p>In an action by a woman against the proprietor of a department, store to recover damages for personal injuries, it appeared that the plaintiff entered the store for the purpose of making purchases. While walking along one of the principal aisles in the store she stumbled upon an obstruction or inequality in the passageway caused by an incline which passed from a floor at a higher level at the left side of the aisle to a point even with the passageway at or near the right side. The sides of the incline facing the direction from which those using the passageway approached were perpendicular, and varied in height from about eight inches at one side down to a point at the other. There was no guard rail or warning, and nothing to indicate to those passing, the presence of this obstruction upon the floor extending nearly across the aisle. Held, that the case was for the jury and that a verdict and judgment for the plaintiff should be sustained.</p>