Great Atlantic and Pacific Tea Co. v. Bennett

SIMPSON, Justice.

Mrs. Bennett brought this action to recover for personal injuries resulting from a fall in appellant’s grocery store. Mr. Bennett brought his action to recover for loss of services, etc. of his wife. The two actions were consolidated, tried together, and the jury awarded Mrs. Bennett $5,000 damages and Mr. Bennett $1,500 damages.

The appellees entered the store of appellant late in the afternoon of January 28, 1955. They turned to their right and were proceeding to where shopping carts were maintained for the use of the customers. A short distance from the carts, Mrs. Bennett…