Negligence — Store room — Darkness — Customer — Falling down open stairway — Contributory negligence as matter of law.
A customer, who is injured by falling down an open stairway in a storeroom, is guilty of contributory negligence, as a matter of law, where it appears that the room was pitch dark when she entered; that she had never been in it before and did not know its lay-out, and that notwithstanding the darkness she started to walk forward when she could not see the floor under her feet.
Argued October 13, 1933.
PER CURIAM, October 26, 1933:
The opinion of the learned court below, filed pursuant to Rule 58, fully justifies its action in entering judgment for the defendant non obstante veredicto. If, as may be possible, the plaintiff, and her daughter testifying on her behalf, exaggerated the darkness in the defendant's store, she must accept the consequences necessarily resulting from that testimony.
The judgment is affirmed on the opinion of the court below.