Jones v. Great Atlantic & Pacific Tea Co.

Judgments affirmed, with one bill of costs. Memorandum: The difference in elevation between the sidewalk and the concrete slab forming the entrance to defendants’ store was so slight that a reasonably prudent person would not have anticipated that it would be the cause of an accident such as happened in this case. In Tryon v. Chalmers (205 App. Div. 816) it appeared that the plaintiff fell in defendant’s store because a marble platform on the stairway had been worn down eleven-sixteenths of an inch. The court held that this was insufficient to show that the defendant was negligent. In Stark…