SMITH v. FIRST NATIONAL STORES


94 N.J. Super. 462 (1967)

228 A.2d 874

GEORGE H. SMITH, PLAINTIFF-APPELLANT, v. FIRST NATIONAL STORES, INC., A MASSACHUSETTS CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 13, 1967.


Attorney(s) appearing for the Case

Mr. Leonard Sachar argued the cause for appellant (Messrs. Sachar, Sachar & Bernstein, attorneys).

Mr. Thomas F. Hueston argued the cause for respondent (Messrs. Hueston & Hueston, attorneys).

Before Judges CONFORD, FOLEY and LEONARD.


The opinion of the court was delivered by FOLEY, J.A.D.

In this negligence case plaintiff appeals from an adverse judgment entered upon a jury verdict of no cause of action. His motion for a new trial was denied by the trial judge. The appeal raises alleged trial errors.

Plaintiff was a business invitee in defendant's supermarket. He described the occurrence upon which the action is based as follows:

"I was shopping in the store and I had to go to...

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