Bader v. Great Atlantic and Pacific Tea Co.

"The plaintiff, a business visitor, recovered a verdict in an action tried before the court without a jury. The injuries complained of were sustained as the result of a fall in defendant's store due to slipping on a spinach leaf or pea pod. Several witnesses testified, over objection, that on prior and subsequent occasions they had observed vegetable matter, such as spinach, grape skins, beans and lettuce upon the floor. When a sidewalk in front of a store was habitually littered with vegetable refuse and the street cleaning department had protested to the owner, a nonsuit in an action…