Busch v. Great Atlantic & Pacific Tea Co.

BRADY, Commissioner.

The determinative issue in this appeal is whether there was a violation of any legal duty defendant owed plaintiff as a proximate result of which violation plaintiff’s injury occurred. The trial court held there was no such case presented, sustained defendant’s timely after-trial motion for judgment in accordance with its motion for a directed verdict, and set aside the judgment in favor of the plaintiff in the amount of $6,500.00.

It will be of assistance in understanding the factual situation presented by this appeal to have plaintiff’s pleading, theory, and manner of…