Colonial Stores, Inc. v. Donovan

Jordan, Judge.

The first count of the amended petition filed in Bibb Superior Court shows that on October 12, 1965, the plaintiff, a customer in defendant’s self-service store, removed the uppermost carton from a stack of six-bottle cartons of Pepsi Cola in ten-ounce bottles, and as she turned to place it in her merchandise cart, another carton fell from the display, and one bottle from this carton struck her right foot, causing severe lacerations, permanent scarring, and other injuries. The cartons were stacked to a height of *331three cartons on a shelf six to eight inches above the floor which…