BROWN v. KROGER COMPANY

No. 8022.

358 S.W.2d 429 (1962)

Daisy BROWN, Plaintiff-Respondent, v. The KROGER COMPANY, a corporation, Defendant-Appellant.

Springfield Court of Appeals, Missouri.

June 15, 1962.


Attorney(s) appearing for the Case

Henson & Henson, Poplar Bluff, for defendant-appellant.

Briney & Welborn, Joe Welborn, James E. Spain, Bloomfield, Byron Kearby, Poplar Bluff, for plaintiff-respondent.


RUARK, Presiding Judge.

This is an appeal from a judgment on a verdict of $12,500 in favor of plaintiff-respondent Daisy Brown, on account of the aggravation of a varicose vein condition.

On February 28, 1958, plaintiff, a house-wife (age 44 years at time of trial on May 1, 1961), was shopping in defendant's supermarket. She undertook to take a six-pack carton of Pepsi-Cola from a low shelf and place it in her shopping cart. The carton was an old one, the...

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