Parker v. Great Atlantic & Pac. Tea Co.

• Decision Date: 25 November 1931
• Docket Number: 108.
• Citation: 161 S.E. 209,201 N.C. 691
• Parties: PARKER v. GREAT ATLANTIC & PACIFIC TEA CO.
• Court: North Carolina Supreme Court

161 S.E. 209

201 N.C. 691

PARKER v. GREAT ATLANTIC & PACIFIC TEA CO.

No. 108.

Supreme Court of North Carolina

November 25, 1931

Appeal from Superior Court, Wayne County; Cowper, Special Judge.

Action by Mrs. James F. Parker against Great Atlantic & Pacific Tea Company. From a judgment for plaintiff, defendant appeals.

Affirmed.

In action for injuries to customer from falling on oily floor of grocery store, fact that floor was oiled held no evidence of negligence of proprietor of store.

The plaintiff alleged, and offered evidence tending to show, that on March 10, 1930, at about 8 o'clock in the morning, she entered the store of the defendant and walked toward the milk counter. Her narrative of the occurrence is as follows "I entered the door and gave a casual glance over the display of groceries that were in the store and went on toward the milk counter, and just half way, a little closer to the meat counter, suddenly both feet went out and I fell. Both feet slipped out from under me. I fell backward, that is, my feet went forward and I struck the floor. *** There was a damp place on the floor, looked like oil. It appeared to be oil and had dried more in some places than in others. Where I stepped was one of the damp places. Some of the planks at this place looked practically dry, and then there were streaks on them that looked damp as if it was damp with oil and it was more so in the place where I walked. I walked through the place that seemed to be more than any other part of the floor. There seemed to be on part of the boards little streaks that didn't seem to be perfectly dry. I could detect the exact point where I slipped and at that point there was a greater accumulation of oil where I stepped. * * My hose had a big spot of oil on them." There was evidence corroborating the testimony of plaintiff, and other evidence tending to show that she had sustained permanent and painful injury as a result of the fall.

The defendant denied all allegations of negligence, and offered evidence tending to show that the floor was oiled Saturday night, and that the plaintiff fell Monday morning shortly after the store opened for business.

Issues of negligence, contributory negligence, and damages were submitted to the jury and answered in favor of plaintiff. The verdict awarded damages in the sum of $3,500.

From judgment upon the verdict, the defendant appealed.

Dickinson & Freeman, of Goldsboro, for appe...