Bodenheimer v. National Food Stores, Inc.
Bodenheimer v. National Food Stores, Inc.
122 S.E.2d 715; 255 N.C. 743; 1961 N.C. LEXIS 682
(South Eastern Reporter, Second Series)
Cases that cite this one
5 later published cases cite this decision.
- Enns v. Zayre Corp. (N.C. Ct. App. 1994)
- Pilie v. National Food Stores of Louisiana, Inc. (La. 1963)
- Wasson v. Brewer's Food Mart, Inc. (Kan. Ct. App. 1982)
- Skinner v. Piggly Wiggly of Lagrange, Inc. (N.C. Ct. App. 1980)
- Ruml v. Giant Food, Inc. (D.C. 1972)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The plaintiff failed to present any evidence from which actionable negligence against either defendant may be inferred. She and no one else was at the display rack at the time the bottle fell. Where it came from she does not know. She did not see any loose bottles about the rack. If she could not see it, there is nothing to indicate the management was negligent in failing to discover it. The judgment of nonsuit is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.