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ATLANTIC & PACIFIC STORES, INCORPORATED v. PITTS

No. 8130.

283 F.2d 756 (1960)

ATLANTIC & PACIFIC STORES, INCORPORATED, designated in the answer as The Great Atlantic & Pacific Tea Company, Inc., Appellant, v. Mrs. Marian PITTS, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 8, 1960.

Attorney(s) appearing for the Case

John S. Wilson, Sumter, S. C. (Shepard K. Nash, Sumter, S. C., on brief), for appellant.

Robert J. Thomas, Columbia, S. C. (Weinberg & Weinberg, Sumter, S. C., and Thomas Kemmerlin, Jr., Columbia, S. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and LEWIS, District Judge.

LEWIS, District Judge.

This is an appeal from the ruling of the district judge denying defendant's motion for judgment in its favor notwithstanding the verdict, or, in the alternative, for a new trial.

The case was properly submitted to the jury, and a verdict in the sum of $2,000 was awarded the plaintiff.

The sole question on the appeal is: Was there proof of negligence on the part of the defendant which proximately caused plaintiff's injury?

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