Appeal, No. 18, March T., 1963, from judgment of Court of Common Pleas of Fayette County, Sept. T., 1957, No. 674, in case of Katharine Adams v. J. C. Penney Company. Judgment affirmed.
David E. Cohen, with him Thomas J. Kalman, for appellant.
Daniel W. MacDonald, Jr., for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE ROBERTS
Katharine Adams, appellant, filed a complaint in trespass against J. C. Penney Company, appellee, to recover damages for personal injuries sustained when she fell while descending a stairway from the first floor to the basement of defendant's premises located on Main Street in the City of Uniontown. On December 16, 1955, plaintiff, a widow 77 years of age, was shopping in defendant's department store when the accident occurred. At the conclusion of the testimony, defendant's motion for a directed verdict was sustained, and
plaintiff's motion for a new trial was refused. This appeal followed.
Giving the plaintiff the benefit of all evidence favorable to her, together with all reasonable inferences of fact arising therefrom, together with any conflict in the evidence (Cattie v. Joseph P. Cattie & Brothers, Inc., 403 Pa. 161, 168 A.2d 313 (1961)), the following facts are established:
Plaintiff was shopping in defendant's store for material for her nieces on the day of the accident. This was the first time in 15 years that plaintiff had been in the store. A portion of defendant's store was contained in the basement of the premises which could be reached by going down a flight of stairs consisting of 16 steps from the first floor. The stairs were approximately five feet wide, with treads eleven inches wide and risers seven inches high constructed of wood. A heavy metal strip, three and one-eighth inches wide, was recessed into the leading edge along the entire length of each step. There were hand rails on each side of the flight of steps and a sign was placed directly above the stairway, at eye level, stating "safety first - use hand rail."
The stairs were illuminated by means of a 300 watt globe suspended directly over the seventh step. At the top of the stairs a fluorescent light was installed, and at the bottom of the stairs, a globe and bulb suspended from the basement ceiling, directly over the foot of the steps, were installed. In addition, another bulb suspended from the basement ceiling, over the tenth step, illuminated the stairway. Plaintiff stated that it was dim lighting "like in the day time, when ...