ATWELL v. PEPSI-COLA BOTTLING CO. OF WASHINGTON, D. C.

No. 2288.

152 A.2d 196 (1959)

Monica J. ATWELL, Appellant, v. PEPSI-COLA BOTTLING COMPANY OF WASHINGTON, D. C., a body corporate, and The Great Atlantic and Pacific Tea Company, a body corporate, Appellees.

Municipal Court of Appeals for the District of Columbia.

Decided June 23, 1959.


Attorney(s) appearing for the Case

Earl H. Davis, Washington, D. C., with whom Dorsey K. Offutt, Washington, D. C., was on the brief, for appellant.

Frank J. Martell, Washington, D. C., with whom Richard W. Galiher and William E. Stewart, Jr., Washington, D. C., were on the brief, for appellee Pepsi-Cola Bottling Company of Washington, D. C., Inc.

Francis L. Casey, Jr., Washington, D. C., for appellee The Great Atlantic and Pacific Tea Company, Inc.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.


QUINN, Associate Judge.

Appellant entered appellee Great Atlantic and Pacific Tea Company's self-service store in Silver Spring, Maryland, to purchase groceries. She selected a six-bottle carton of Pepsi-Colas from a display shelf and placed it on the bottom part of her shopping cart. All other purchases were put in the top part of the cart. After completing her marketing, she pushed her cart to the checkout counter and began unloading her groceries on the counter...

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