Negligence — Grating in floor — Usual construction — Wedging of small heel.
In an action of trespass to recover damages for personal injuries, there was evidence that the plaintiff was injured in the defendant's store when she walked over a grating, which was flush with the floor, and her small, tapered heel went through an interstice and became wedged in it. There was no evidence that the construction of the grating, either in the way it rested in the opening, or the size and construction of its interstices, was unusual and not in accord with the ordinary and accustomed construction of such appliances. Under such circumstances a non-suit was properly entered. Practice — Non-suit.
A non-suit will be entered where a plaintiff's case presents no facts upon which a jury can make a finding of negligence against the defendant.
Argued October 15, 1929.
PER CURIAM, October 30, 1929:
The judgment is affirmed on the opinion filed by Judge GORDON upon the refusal of the court below to take off the non-suit.