Forrest v. S. H. Kress & Co., 68SC97
Decision Date | 22 May 1968 |
Docket Number | No. 68SC97,68SC97 |
Citation | 1 N.C.App. 305,161 S.E.2d 225 |
Court | North Carolina Court of Appeals |
Parties | Lela Grant FORREST v. S. H. KRESS & COMPANY. |
Smith & Everett, by, W. Harrell Everett, Jr., Goldsboro, for plaintiff appellant.
George K. Freeman, Jr., and H. Jack Edwards, Goldsboro, for defendant appellee.
Plaintiff's assignments of error relate to the granting of defendant's motion for judgment as of involuntary nonsuit and the entry of judgment thereon.
Considering the evidence offered by plaintiff in the light most favorable to her and giving her the benefit of every reasonable inference of fact to be drawn therefrom, as we are bound to do, we hold that the evidence was sufficient to make out a Prima facie case of actionable negligence for the jury.
Negligence is the failure to exercise that degree of care for the safety of other persons or their property which a reasonably prudent man, under like circumstances, would exercise, and may consist of acts of commission or omission. 3 Strong, N.C. Index, Negligence, § 1, p. 442, and cases cited therein.
Moore, J., speaking for the court in Waters v. Harris, 250 N.C. 701, 110 S.E.2d 283.
There was sufficient evidence in the instant case to support the inference that from want of ordinary care on the part of the defendant, its floor was improperly oiled and left in an unsafe condition. Where the slippery substance is placed on or negligently applied to the floor by the proprietor or his servants or employees, the proprietor is liable if injury to an invitee proximately results. In such case, the injured party is under no duty to show that the proprietor had actual or constructive notice of the presence of the...
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...of his servants or employees, the proprietor is liable if injury to an invitee proximately results.' Forrest v. S. H. Kress & Co., 1 N.C.App. 305, 308, 161 S.E.2d 225, 227 (1968). Further, defendant denied the presence of a foreign substance on the approach area and said that if the presenc......
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...6 Strong, N.C. Index 2d, Negligence, § 1, pp. 3, 4; Lanier v. Roses Stores Inc., 2 N.C.App. 501, 163 S.E.2d 416; Forrest v. Kress & Co., 1 N.C.App. 305, 161 S.E.2d 225. The plaintiff's status as an invitee, 6 Strong, N.C. Index 2d, Negligence, § 59, p. 129; Pafford v. Construction Co., 217 ......
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...consist of acts of commission or omission. 3 Strong, N.C. Index, Negligence, § 1, p. 442, and cases cited therein. Forrest v. S. H. Kress & Co., 1 N.C.App. 305, 161 S.E.2d 225. Those entering a store during business hours to purchase or look at goods do so at the implied invitation of the p......
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