Hodson v. Great Atlantic & Pacific Tea Co.

REEVES, District Judge.

This is a suit for damages arising from an alleged assault upon the plaintiff by the manager of one of the defendant’s grocery and food stores in Kansas City. A jury was waived and the case was tried to the court sitting as a jury.

It is alleged in the complaint “That on September 1, 1945, at about 6:00 p. m., this plaintiff * * * was assaulted and attacked by the manager of said store, without provocation or cause; * * * when he was in said store as an invitee and making purchases.”

The defendant admitted the ownership and operation of the grocery and food store at the…