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KANNER v. BEST MARKETS (12/17/58)

December 17, 1958

KANNER
v.
BEST MARKETS, INC., APPELLANT.



Appeal, No. 426, Oct. T., 1958, from judgment of Court of Common Pleas No. 3 of Philadelphia County, Sept. T., 1955, No. 8419, in case of David Kanner v. Best Markets, Inc. Judgment affirmed.

COUNSEL

Richard W. Hopkins, with him William R. Hudson, and White, Williams & Scott, for appellant.

Irving J. Katz, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Ervin, and Watkins, JJ. (woodside, J., absent).

Author: Watkins

[ 188 Pa. Super. Page 367]

OPINION BY WATKINS, J.

David Kanner brought an action in trespass to recover damages resulting from personal injuries sustained by him when he bumped his face against a clear

[ 188 Pa. Super. Page 368]

    glass panel as he attempted to enter the Best Markets, Inc., food market in Philadelphia. Verdict was rendered in favor of plaintiff. Defendant filed motions for new trial and for judgment n.o.v. The lower court refused these motions, hence this appeal.

Verdict having been rendered for plaintiff, we are required to consider the testimony in the light most advantageous to appellee, and to resolve in his favor all doubts and conflicts therein. Miller v. Pennsylvania R.R. Co., 368 Pa. 507, 84 A.2d 200 (1951).

On the night of September 14, 1955, at approximately 8:20 p.m., plaintiff, who was accompanied by his wife, parked his automobile on the parking lot of defendant's food market preparatory to making purchases. The lights were lit on the parking lot at the time plaintiff parked his car. It was the first time that plaintiff had ever been to the store. He proceeded to the nearest set of doors, which he presumed to be a combination entrance and exit, but which, in fact, was only an exit. There was a canopy over the doors but the lights were not lit on the canopy, nor immediately inside door, although they were lit inside the store proper.

As plaintiff and his wife approached the doors in question, they saw the following: To their left were two closed doors with the word "Out" printed upon each. These two doors were closed and the word "Out" on each door could be seen by plaintiff and his wife. To the right of these two doors was another door which was also intended as a means of egress, with the word "Out" printed on it. This door was open at the time, however, preventing plaintiff and his wife from seeing the printing thereon. Furthermore, this third door was blocked by a line of shopping ...


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