Melton ex rel. Melton v. Allied Supermarkets, Inc.

DOERNER, Commissioner.

Plaintiff, a minor, by his mother as next friend, sued to recover for personal injuries alleged to have been suffered as the result of defendant’s negligence while he was a customer in defendant’s supermarket. At the close of plaintiff’s evidence the court sustained defendant’s motion for a directed verdict, and after unavailing post-trial motions plaintiff appealed.

On March 18, 1966, plaintiff, then six years and eight months old, together with his sister, Cynthia, eight years of age, were sent by their mother to defendant’s store to purchase food. Defendant’s employees…