LEWIS v. BARBER'S SUPER MARKETS, INC.

No. 7231.

384 P.2d 470 (1963)

72 N.M. 402

Elizabeth J. LEWIS, Plaintiff-Appellee, v. BARBER'S SUPER MARKETS, INC., a New Mexico Corporation, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied August 19, 1963.


Attorney(s) appearing for the Case

Modrall, Seymour, Sperling, Roehl & Harris, Leland A. Sedberry, Jr., Albuquerque, for appellant.

Oliver B. Cohen, Albuquerque, for appellee.


MOISE, Justice.

The plaintiff was injured when she fell while shopping in the produce department of one of defendant's stores. Upon trial to a jury plaintiff was awarded $10,000.00 damages, and defendant appeals from the judgment.

Four points were assigned for reversal, only three of which are here relied upon. Appellant in his first point claims error because of the trial court's failure to sustain defendant's motion for a directed verdict made at the close...

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