Gillis v. Great Atlantic & Pacific Tea Co.

TATE, Judge.

This is a suit for personal injuries sustained by the customer of a supermarket when a heavily loaded “grocery buggy” fell upon her on the morning of October 8, 1953, outside the store. The defendant supermarket appeals from the award of the resulting damages in favor of the customer, Mrs. Gillis, and her husband. Plaintiffs seek increase of the award by answer to the appeal.

The uncontradicted facts show:

Mrs. Gillis and a friend, Mrs. Falgout, had each bought large quantities of groceries at defendant’s store prior to the accident. These purchases were bagged at the cashier’s desk…