Smith v. Great Atlantic & Pacific Tea Co.

LOTTINGER, Judge.

This is a tort action for alleged personal injuries occasioned by a fall sustained by plaintiff in defendant’s store. The matter was tried in the Court below before a jury as prayed for by plaintiff and, following a verdict adverse to him, he has appealed.

The record shows that on the afternoon of December 1, 1960, as plaintiff was pushing a grocery cart along the south aisle of defendant’s store in an easterly direction, he slipped on an egg. He testified that following the fall he became sick and vomited on the way to the bathroom in the rear of the store near the stairway.…