U.S. Court of Appeals for the D.C. Circuit, 1945

Brodsky v. Safeway Stores, Inc.

U.S. Court of Appeals for the D.C. Circuit · Decided December 17, 1945

152 F.2d 677; 80 U.S. App. D.C. 301; 1945 U.S. App. LEXIS 2338 (Federal Reporter, Second Series)

Counsel

Mr. Mark Friedlander, of Washington, D. C., with whom Mr. Jack Politz, of Washington, D. C., was on the brief, for appellant., Mr. Richard W. Galiher, of Washington, D. C., with whom Mr. Henry I. Quinn, of Washington, D. C., was on the brief, for appellee.

Cases that cite this one

21 later published cases cite this decision.

Mildred C. Kelly v. Great Atlantic and Pacific Tea Company, a Corporation (D.C. Cir. 1960)
Safeway Stores, Inc., a Corporation v. Sadie A. Preston (D.C. Cir. 1959)
Ralph D. Smith and Thelma Smith v. Arbaugh's Restaurant, Inc., a Body Corporate (D.C. Cir. 1973)
Annie M. Martin v. United States (D.C. Cir. 1955)
Safeway Stores, Inc. v. Morgan (D.C. 1969)
Dulles v. Safeway Stores, Inc. (Ariz. Ct. App. 1991)
Smith v. Safeway Stores, Inc. (D.C. 1972)
Kincheloe v. Safeway Stores, Inc. (D.C. 1972)
Howard v. Safeway Stores, Inc. (D.C. 1970)
H.R.H. Construction Corp. v. Denis Conroy (D.C. Cir. 1969)
John B. Kelly, Inc. v. Donald Dunnett (D.C. Cir. 1968)
Lottie R. Seganish and Daniel Seganish v. District of Columbia Safeway Stores, Inc. (D.C. Cir. 1968)
Agnes Rodenbur v. Helen J. Kaufmann (D.C. Cir. 1963)
McNamara v. United States (District Court, District of Columbia 1961)
Louise E. Foy v. Isaac Friedman (D.C. Cir. 1960)
McIntosh v. Greenway Apartments, Inc. (D.C. 1960)
Orum v. Safeway Stores, Inc. (D.C. 1958)
Viands v. Safeway Stores, Inc. (D.C. 1954)
Sanders v. Costco Wholesale Corporation (District Court, District of Columbia 2025)
Kindig v. Whole Foods Market Group, Inc. (District Court, District of Columbia 2013)
Preston v. Safeway Stores, Inc. (District Court, District of Columbia 1958)

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 of the Court

PER CURIAM.

Appellant’s complaint charged that appellee allowed vegetable debris to be on the floor of its store and so caused appellant, a customer, to fall and be injured. There was evidence that appellant slipped on some green vegetable. There was no evidence as to the quantity on the floor, how it got there, or how long it had been there. For all that appears, a customer may have dropped a small vegetable just before appellant fell and appellee’s employees may have nad no chance to discover and remove it. Since there was no evidence to the contrary, there was no evidence of negligence on appellee’s part either in creating the alleged condition or in permitting it to continue. Accordingly the trial judge was right in directing a verdict for appellee. A storekeeper is not an insurer of the safey of his premises but is responsible only for negligence.1 If there had been evidence that the condition complained of had continued for a substantial time there might have been a question for the jury.2

Affirmed.

F. W. Woolworth Co. v. Williams, 59 App.D.C. 347, 41 F.2d 970; Selby v. S. Kann Sons Co., 61 App.D.C. 36, 73 F.2d 853; Sanitary Grocery Co. v. Snead, 67 App.D.C. 129, 90 F.2d 374, certiorari denied 302 U.S. 703, 58 S.Ct. 22, 82 L.Ed. 543. There is nothing to the contrary in Washington Loan & Trust Co. v. Hickey, 78 U.S.App.D.C. 59, 137 F.2d 677.

Washington Market Co. v. Clagett, 19 App.D.C. 12; Hellyer v. Sears, Roebuck & Co., 62 App.D.C. 318, 67 F.2d 584; District of Columbia v. Richards, 75 U.S. App.D.C. 349,128 F.2d 297.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.