McHargue v. Great Atlantic & Pacific Tea Co.

WIGGINTON, Chief Judge.

Plaintiffs have appealed a final judgment rendered upon a verdict directed by the court in favor of defendant at the conclusion of plaintiffs’ evidence. It is contended that the evidence adduced at the trial on behalf of the plaintiffs was sufficient to establish a prima facie case of negligence as alleged in the complaint, and that the court erred in withdrawing the case from the jury and directing a verdict for defendant.

The proof establishes that plaintiff wife, upon completing her shopping in defendant’s food store, checked her purchases at the check-out counter and…