Parker v. Great Atlantic and Pacific Tea Company

PARKINSON, District Judge.

This is an action in damages. The court directed a verdict at the close of plaintiff’s case and the plaintiff has filed a motion for a new trial grounded upon the sole assignment that the court erred in so doing. It is the question raised by the motion which now solicits the decision of this court.

The sole basis upon which the plaintiff seeks to recover — not only as declared upon in his complaint but as announced also in open court — is that the defendant failed to furnish him a reasonably safe place to work because empty cartons were on the floor in the aisle and…