Tolbert v. GREAT ATLANTIC AND PACIFIC TEA CO., INC.

VAUGHN, Judge.

The deposition filed by defendant tends to show that plaintiff was injured by reason of an unsafe condition existing on the floor of an aisle in defendant’s store. Defendant does not contend that contributory negligence, as a matter of law, has been shown.

The thrust of defendant’s argument in support of the trial court’s action is that there is no evidence to show how the strawberries got on the floor or whether the unsafe condition had been allowed to exist for such time that defendant by the exercise of reasonable care should have known of its existence.

Assuming, without…