Cox v. K-Mart Enterprises of Georgia, Inc.

Webb, Judge.

Ruby and Carl Cox brought suit against K-Mart Enterprises of Georgia, Inc. and S. S. Kresge Company, d/b/a K-Mart, alleging that Mrs. Cox was injured in defendants’ store by a falling vacuum cleaner. Plaintiffs testified that they were walking down an aisle when a canister-type vacuum cleaner with wheels fell and struck Mrs. Cox on the head and shoulder; that "this thing came off the high shelf on my head”; that the shelf was higher than Mrs. Cox’ head and that she could not have reached it; that there were other vacuum cleaners on the shelf; and although they did not notice the…