Picarella v. Great Atlantic & Pacific Tea Company

DOERNER, Commissioner.

This is an action for damages for personal injuries claimed to have been sustained by the plaintiff when a large bottle of soda fell through a hole in the basket of a shopping cart she was using while selecting groceries in defendant’s store. Judgment below was for the defendant, and plaintiff’s appeal followed in due course.

Plaintiff then was 47 years old, weighed about 160 pounds, and wore an artificial limb, her left leg having been previously amputated above the knee. She arrived at defendant’s supermarket on Saturday, February 4, 1956, at about 3:30 p. m.,…