Helen L. Herring v. Great Atlantic & Pacific Tea Co.

The appellant was injured when a soft drink bottle became dislodged from a shelf and broke on the floor while she and her husband were standing some distance from the shelf. She planted Tier suit on the theory that the appellee was negligent in failing to inspect the position of bottles upon the shelf and to place the bottle in question where it would neither fall nor be knocked down. She relies also upon the doctrine of res ipsa loquitur. The evidence presented consisted solely of depositions submitted to the Court by a stipulation reciting that by agreement of the parties the depositions…