Wooley v. Great Atlantic & Pacific Tea Co.

MARSH, District Judge.

About 5:00 P.M. on November 12, 1954, minor plaintiff, then four years old, was present in defendant’s Talbot Avenue self-service market in Braddock, Pennsylvania ; with him were his parents, Leslie Wooley, since deceased, and Vida Wooley Vetterly, who is also a plaintiff.

Mr. and Mrs. Wooley (now Mrs. Vetterly) were in the defendant’s store for the purpose of making purchases. The aisles in the store were separated by rows of shelves placed back to back on which merchandise was displayed. The parents had selected some items of merchandise from the shelves facing one…