Falconer v. Safeway Stores, Inc.

Around noon on October 5, 1954, plaintiff Violet Falconer fractured her left ankle when she slipped on a piece of “suet,” about three-quarters of an inch long, which defendant deposited on the sidewalk behind its food store and meat market on that portion of the east sidewalk of Twenty-second avenue which it uses for loading and unloading meat and groceries.

The jury returned a verdict for plaintiffs. Defendant appeals.

The appellant contends there was no proof it put the suet on the sidewalk. The commission of negligence, like any other fact, may be proved by circumstantial evidence. The…