Lane Drug Stores v. Story
| Decision Date | 29 September 1945 |
| Docket Number | 31014. |
| Citation | 35 S.E.2d 472,72 Ga.App. 886 |
| Parties | LANE DRUG STORES, Inc., v. STORY. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
There being no evidence that the plaintiff by the exercise of ordinary care could not have seen the stool left in the aisle of the defendant's drug store and avoided falling over it, the verdict for her was unauthorized, and the court erred in overruling the motion for a new trial on the general grounds.
Miss Gaines Story sued Lane Drug Stores, Inc., for damages for personal injuries, alleged to have been caused by falling over a stool in the aisle of the defendant's store in Augusta, Georgia. The petition as amended alleged: It was alleged that the defendant was negligent in the following particulars: (a) In placing the stool in the aisle where plaintiff was invited to walk, aisle where plaintiff was invited to walk, (b) in permitting the stool to remain in the aisle where the plaintiff and other customers could be thrown to the floor, and (c) in failing to keep its aisle in a safe condition for the public to walk in as they were about to purchase drugs and other articles of merchandise. The jury found for the plaintiff, and the defendant excepted to the overruling of its amended motion for a new trial. The plaintiff testified: 'I went into the Lane Drug Store on February 19, 1942, to buy some little toilet articles. I walked down the aisle and fell over a little dining stool. The aisle I walked down was the one toward White's store. I got about to the middle of this aisle before I came in contact with this stool. It was a very little round stool like you climb up on, and I could not see it so well, and I fell over it and I hurt my knee. * * * I did not put my...
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