Piggly Wiggly Southern, Inc. v. Conley

Quilllan, Judge.

This appeal arises out of suit brought by a husband and wife seeking to recover damages for injuries sustained by the wife when she fell in the corporate defendant’s store. The jury returned a verdict in favor of each of the plaintiffs. The defendant appeals, assigning error on the overruling of its motion for judgment notwithstanding the verdict and motion for new trial. Held:

1. It is contended that the evidence is insufficient to sustain the verdict because the plaintiff failed to establish that the defendant had constructive knowledge of the presence of the wet substance…