Scannell v. Mohican Mkt.

• Decision Date: 02 June 1932
• Citation: 160 A. 777
• Parties: SCANNELL v. MOHICAN MARKET.
• Court: Maine Supreme Court

160 A. 777

SCANNELL

v. MOHICAN MARKET.

Supreme Judicial Court of Maine.

June 2, 1932.

Exceptions from Superior Court, Androscoggin County.

Action by Alice L. Scannell against the Mohican Market.Defendant's motion for nonsuit was granted, and plaintiff brings exceptions.

Exceptions overruled.

Argued before PATTANGALL, C. J., and DUNN, STURGIS, BARNES, FARRINGTON, and THAXTER, JJ.

Benjamin L. Berman and David V. Berman, both of Lewiston, and Jacob H. Berman and Edward J. Berman, both of Portland, for plaintiff.

Locke, Perkins & Williamson, of Augusta, for defendant.

PER CURIAM.

This was an action to recover damages for personal injuries received by the plaintiff while in the defendant's grocery store as a customer.At the close of the plaintiff's case the defendant's motion for a nonsuit was granted by the justice presiding, and the case is before us on exceptions to that ruling.

We deem it unnecessary to discuss the facts disclosed, which, as far as they are essential, are not in dispute.The burden rested on the plaintiff to show negligence on the part of the defendant.We unhesitatingly find that she failed to sustain that burden.She presented no evidence sufficient to have warranted the submission of the case to...