Shea v. First National Stores, Inc.

This is an action of trespass on the case for negligence. The case was tried before a justice of the superior court sitting with a jury and, at the conclusion of the plaintiff’s evidence, the trial justice granted the defend ant’s motion for a nonsuit. The case is before us on the plaintiff’s exception to this ruling.

The evidence shows that in the late forenoon of September 11, 1936, the'plaintiff, a customer-of the defendant, slipped on a grape, which she had not noticed, on the hardwood floor of the store. According to her testimony, the grape was near a counter on which were displayed…