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JOYE v. GREAT ATLANTIC AND PACIFIC TEA COMPANY

No. 12442.

405 F.2d 464 (1968)

Willard JOYE, Appellee, v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided December 26, 1968.

Attorney(s) appearing for the Case

Douglas McKay, Jr., Columbia, S. C. (McKay, McKay, Black & Walker, Columbia, S. C., on the brief), for appellant.

W. Shell Suber, Jr., Columbia, S. C. (Rion & Britt, Columbia, S. C., on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, CRAVEN, Circuit Judge, and HUTCHESON, District Judge.

CRAVEN, Circuit Judge:

Willard Joye slipped and fell on a banana in defendant's A & P supermarket. In his diversity suit in the district court the jury returned a verdict for him in the amount of $10,000 and defendant appeals. We reverse because we are unable to find in the record sufficient evidence1 to present a jury issue as to constructive notice to defendant of a dangerous condition. Without such notice, in the context of the...

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