Heina v. Broadway Fruit Market, Inc.

The plaintiff, a customer of the defendant, recovered a verdict for personal injuries caused by slipping upon lettuce leaves on the defendant’s floor. The defendant excepted to the argument of the plaintiff’s counsel, to the refusal of the judge to direct a verdict for the defendant, and to certain portions of the charge.

The jury could find that the plaintiff accompanied by her two daughters entered the defendant’s store, passed the center counter and went to the meat counter, where she waited thirty minutes or more before she was able to secure the attention of a particular clerk who had…