Supreme Court of North Carolina, 1941

Jones v. Great Atlantic & Pacific Tea Co.

Jones v. Great Atlantic & Pacific Tea Co.
Supreme Court of North Carolina · Decided September 24, 1941 · PER CURIAM.
16 S.E.2d 455; 220 N.C. 817; 1941 N.C. LEXIS 591 (South Eastern Reporter, Second Series)

Jones v. Great Atlantic & Pacific Tea Co.

Opinion of the Court

Pee Cukiam.

Plaintiff instituted ber action to recover damages for personal injury due to a fall in tbe defendant’s store. This, she alleged, was due to an accumulation of oil or grease on the floor. At the conclusion of all the evidence defendant renewed its motion for judgment of nonsuit, and this was allowed, and judgment rendered dismissing the action. Plaintiff appealed.

An examination of the plaintiff’s evidence, as shown by the record, leads us to the conclusion that its probative force does not measure up to that held sufficient to go to the jury in Anderson v. Amusement Co., 213 N. C., 130, 195 S. E., 386, but that the case is rather governed by the decision in Pratt v. Tea Co., 218 N. C., 732, 12 S. E. (2d), 242.

The judgment of nonsuit is

Affirmed.

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