Pridgen v. S. H. Kress & Co, 527.
| Decision Date | 04 May 1938 |
| Docket Number | No. 527.,527. |
| Citation | 196 S.E. 821,213 N.C. 541 |
| Court | North Carolina Supreme Court |
| Parties | PRIDGEN . v. S. H. KRESS & CO. |
Appeal from Superior Court, Mecklenburg County; Frank M. Armstrong, Judge.
Action by Mrs. L. W. Pridgen, Sr., against S. H. Kress & Co. for injuries sustained by falling down a stairway in defendant's store. From a judgment of nonsuit, plaintiff appeals.
Affirmed.
This is an action to recover damages for personal injuries which the plaintiff alleges she sustained as the result of the negligence of the defendant.
The defendant operates a five and ten cent store in the city of Charlotte. There is a basement in its store in which meals are served, and a stairway leads from the ground floor to the basement for the use of customers in going to and from the basement. On or about October 24, 1936, late in the afternoon, the plaintiff entered the defendant's store for the purpose of going to the basement. She noticed a crowd estimated by the witnesses from 100 to 300 persons at or near the head of the steps, listening to an employee of the store who was making a demonstration of Christmas toys. She proceeded to the head of the steps and was there pushed or shoved by the crowd. She lost her balance and fell down the steps, suffering certain personal injuries. The circumstances of the occurrence are described by the plaintiff as follows:
At the conclusion of the evidence for the plaintiff there was a motion to dismiss as of nonsuit, which was allowed, and judgment was entered accordingly. The plaintiff excepted and appealed.
Carswell & Ervin, of Charlotte, for appellant.
J. Laurence Jones and J. L. DeLaney, both of Charlotte, for appellee.
It is well...
To continue reading
Request your trial
-
Fanelty v. Rogers Jewelers
... ... 166, 10 S.E.2d ... 623; Brown v. Montgomery Ward & Co., 217 N.C. 368, 8 ... S.E.2d 199; Pridgen v. S. H. Kress & Co., 213 N.C. 541, ... 196 S.E. 821; Williams v. Charles Stores Co., Inc., ... ...
-
Rufo v. N.B.C. National Broadcasting Co.
...and there is nothing in this record justifying the shifting of her misfortune upon the defendant." See also, Pridgen v. S.H. Kress & Co., 213 N.C. 541, 196 S.E. 821. In the case of Smith v. Epstein Realty Co., 133 Neb. 842, 277 N.W. 427, the plaintiff purchased some groceries in the defenda......
-
Lyvere v. Ingles Markets, Inc.
...defendant's floor was reasonably foreseeable. The issue of foreseeability may be determined as a matter of law. See Pridgen v. Kress & Co., 213 N.C. 541, 196 S.E. 821 (1938). As has been specifically stated: " 'Foreseeable injury is a requisite of proximate cause, and proximate cause is a r......
- Tribble v. Swinson, 525.