Ross v. Store
| Decision Date | 23 May 1945 |
| Docket Number | No. 524.,524. |
| Citation | 225 N.C. 226,34 S.E.2d 64 |
| Parties | ROSS . v. STERLING DRUG STORE et al. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Mecklenburg County; Allen H. Gwyn, Judge.
Action by Cora Alexander Ross against Sterling Drug Store and others to recover for injuries sustained by plaintiff on leaving defendants' drug store. From a judgment for plaintiff, defendants appeal.
New trial.
Civil action to recover damages for an alleged negligent injury.
The defendant Drug Company operates a drug store on the first floor of the Professional Building in the City of Charlotte. The building is owned by the Realty Company. It is in evidence that on February 9, 1943, plaintiff was a customer in the drug store. As she was leaving through a double-door exit, which opens on Tryon Street, her coat caught on the lock or keeper of the half door that was closed or fastened, and while she was yet in the open doorway trying to release her coat, the other half door which was equipped with top door check, closed with great force, knocked her out of the doorway and down on the side walk, and inflicted serious injury.
The door check, which exerted force on the door to close it, and to keep it closed, was not in proper working order. It required inspection and repair, especially with reference to the fluid which it con tained and which controlled its operations. Neither the landlord nor the tenant had inspected it for some time.
Upon denial of liability and plea of contributory negligence, the jury returned a verdict against the defendant Drug Company. From judgment on the verdict, the defendant appeals, assigning errors.
Guy T. Carswell, John M. Robinson, and Hunter M. Jones, all of Charlotte, for plaintiff-appellee.
Jones & Smathers, of Charlotte, for defendant-appellant.
In addition to the allegations of negligence in respect of the condition of the doorway and the operation of the door in question, it is specifically alleged that the defendants "negligently failed to give any warning thereof."
The court instructed the jury that the defendant Drug Company owed to the plaintiff, a customer and invitee,
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Mcintyre v. Monarch Elevator &mach. Co
...think, for the determination of the jury. Drumwright v. North Carolina Theatres, Inc., 228 N.C. 325, 45 S.E.2d 379; Ross v. Sterling Drug Store, 225 N.C. 226, 34 S.E.2d 64; Williams v. Charles Stores Co, Inc., 209 N.C. 591, 184 S.E. 496; Hunt v. Meyers Co, 201 N.C. 636, 161 S.E. 74. In Jone......
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McIntyre v. Monarch Elevator & Mach. Co.
... ... questions, we think, for the determination of the jury ... Drumwright v. North Carolina Theatres, Inc., 228 ... N.C. 325, 45 S.E.2d 379; Ross v. Sterling Drug ... Store, 225 N.C. 226, 34 S.E.2d 64; Williams v ... Charles Stores Co., Inc., 209 N.C. 591, 184 S.E. 496; ... Hunt v ... ...
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Garner v. Atlantic Greyhound Corp., 380
...conditions of which the proprietor knows or in the exercise of reasonable supervision and inspection should know. Ross v. Sterling Drug Store, 225 N.C. 226, 34 S.E.2d 64 (and other cases there 'However, such proprietor is not an insurer of the safety of customers and invitees who may enter ......
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Drumwright v. North Carolina Theatres
... ... conditions in so far as can be ascertained by reasonable ... inspection and supervision. ' Ross v. Drug ... Store, 225 N.C. 226, 34 S.E. 2d 64; Watkins v ... Taylor Furnishing Co., 224 N.C. 674, 31 S.E.2d 917; ... Benton v. Building Co., 223 ... ...