Caldwell v. Piggly Wiggly Madison Co.

Piggly Wiggly pursued all of its objections by appropriate motions for nonsuit, mistrial, directed verdict, and for judgment notwithstanding the verdict, and the issues raised by those motions are before this court.

Was entryway under control of Piggly Wiggly as well as under control of Owens?

The initial argument of Piggly Wiggly is that it cannot be negligent under the safe-place statute because the entryway was not under its control at the time of the accident and, hence, negligence, if there were any, must be attributed to Owens, to whom control had been surrendered. The jury in its special…