Robinson v. Great Atlantic & Pacific Tea Co.

Action for personal injuries. Plaintiff alleged injury by falling over a box of sweet potatoes in the vestibule exit from defendants’ store. She also alleged that the box was negligently “caused-, suffered and permitted” to be and- remain in the exit. Judgment for $10,000 and defendants appealed.

Defendants contend that they had neither actual nor constructive notice of the obstruction in the exit, and for that reason the court should have sustained the demurrer at the close of all the evidence. The rule is stated as follows:

“The applicable law, as announced by the courts of this State, is…