PROPHET v. S.H. KRESS COMPANY

No. 1 CA-CIV 1049.

12 Ariz. App. 339 (1970)

470 P.2d 487

John PROPHET and Martha Prophet, husband and wife, Appellants, v. S.H. KRESS COMPANY, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied July 8, 1970.

Review Granted September 22, 1970.


Attorney(s) appearing for the Case

Benton & Case, by F. Keith Benton, Yuma, for appellants.

Westover, Keddie & Choules, by Tom C. Cole, Yuma, for appellee.


CAMERON, Judge.

This is a suit for personal injuries sustained by the plaintiff, Martha Prophet, as a result of a "slip and fall" accident. The jury returned a verdict for the defendant. From a denial of a motion for a new trial plaintiffs appeal.

We are called upon to determine whether it was error to instruct the jury upon the issue of contributory negligence.

The facts viewed in a light most favorable to sustaining the instruction given by the trial...

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