Partin v. Great Atlantic & Pacific Tea Co.

The store in which the plaintiff was injured was described by her counsel as a “small A & P superette,” in which customers followed a U-shaped course in making self-service purchases. Situated on the right of the righthand aisle were a produce department, a refrigerator where ice cream was apparently kept, a soap rack, and a meat department.

The plaintiff, who was the only witness to testify at the trial, stated that she entered the store to make purchases, and traveled along the righthand aisle pushing a cart. As she entered the aisle she observed an employee of the store “carrying a basket…