Ellis v. Southern Grocery Stores Inc.

Plaintiff stepped upon a canteloupe rind lying on the paved sidewalk in front of the defendant’s grocery store, and fell. He did not see the rind before stepping upon it, but examined it afterwards, and testified that it was in a condition of decay, and “had the appearance of being about the same color as the sidewalk, which is a kind of gray.” He further testified that he had had experience with canteloupes, and from his experience “would say that that canteloupe rind had been exposed all night.” Plaintiff introduced a city ordinance providing as follows: “It shall be the duty of all…