Winn-Dixie Stores, Inc. v. Fredericks

Nichols, Presiding Judge.

1. The plaintiff in error, the defendant in the trial court, relies upon two grounds in support of its position that no verdict against it was authorized. The first ground is that there was no evidence to support the allegations of the petition that the defendant operated the store where the plaintiff was injured. The brief of the plaintiff in error states in part: “The defendant, Winn-Dixie Stores, Inc., called as its only witness the manager of its store on Central Avenue in Augusta, Georgia.” “This statement has not been controverted by defendants in error ... so,…