Copeland v. Phthisic

The defendants present for decision one question: Did the trial court commit error in denying their motions for judgment of nonsuit, made at the close of plaintiff’s evidence, and renewed at the close of all the evidence?

The defendants operate a self-service retail grocery store in Elizabeth City, North Carolina. The stock of merchandise carried by defendants was arranged on shelves or counters for the purpose of effective display. The store had an asphalt tile floor, with a concrete sub-floor. There were several aisles in the store, and defendants once a week waxed the floor with a heavy…