Legal Opinion

Parker v. Great Atlantic & Pacific Tea Co.

Supreme Court of North Carolina

Decided November 25, 1931PublishedCited by 23 opinions

1Opinion of the CourtBkoodeN, J.

The fact that a floor is oiled constitutes no evidence of negligence. Oiling is both customary and necessary, particularly in stores of the type and character described in the evidence. Nor does the more fact that a customer falls in a store constitute evidence of negligence for the reason that judicial utterances upon the subject concur in the view that res ipsa loquitur does not apply to injuries resulting from slipping or falling, occasioned by the presence of grease or oil upon the floors of a store.

Considering the evidence in the case at bar with that liberality which the law requires,…

2Cases cited1 opinion

  1. Bowden v. S. H. Kress & Co.Supreme Court of North Carolina · 1930

3Cited by23 opinions

  1. Williams v. . Stores Co., Inc.Supreme Court of North Carolina · 1936
  2. Brown v. . Montgomery Ward Co.Supreme Court of North Carolina · 1940
  3. Fanelty v. Rogers Jewelers, Inc.Supreme Court of North Carolina · 1949
  4. Barnes v. Hotel O.Henry Corp.Supreme Court of North Carolina · 1949
  5. Lee v. H. L. Green & Co.Supreme Court of North Carolina · 1952

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