Oles

An appeal by plaintiff from a judgment of nonsuit in an action to recover damages for personal injuries.

About noon on the day of the accident appellant entered a department store owned and operated by respondent Kahn Bros., a corporation, for the purpose of making a purchase of merchandise, and while there seated herself on a stool in front of a lunch-counter maintained in said store and operated by respondent W. J. O’Brien, intending to lunch thereat. Upon arising from the stool she slipped or stumbled from a low platform on which the stool was fastened and was thereby injured.

The complaint alleged: “That the said fall by plaintiff to the floor, and the said injuries, was and were occasioned by the unsafe and defective condition of said stool and platform in this: that a portion of the said temporary platform, and to which portion the stool upon which plaintiff had been seated was affixed, consisted of a wooden plank of an inch or more in thickness, one end of which was immediately to the right of said stool, so that when plaintiff was arising from said stool and turned to the right to step to the floor her right foot slipped from the end of said plank, causing her to lose…