Food Fair Stores, Setzer's of Georgia, Inc. v. Pound

Nichols, Judge.

The first question presented is whether the jury could have found that the defendant was guilty of any negligence which proximately caused the plaintiff’s injuries.

This is not a case where the question of constructive notice is presented for decision because the evidence was uncontradicted that the employees of the defendant corporation knew that the grits had spilled, and while there was an issue as to where the grits had spilled, the presence of the grits on the floor was undenied. Witnesses for the defendant testified that the plaintiff fell in the store but that she was…