McClurken v. Ralph's Grocery Co.

The plaintiff (respondent here) testified at the trial that he was shopping in defendant’s grocery-store and while following a clerk who was carrying a sack of potatoes through the store “stepped on something very slick and slippery and slipped and fell violently to the floor.” He also testified that he saw scraps of vegetables on the floor just where and as he fell and that the vegetable-stand was about ten feet from where he fell. A motion for nonsuit was made and granted and thereafter a new trial was granted. We are here considering the appeal upon the latter act.

The motion for nonsuit…