DOUGHERTY v. GR. A. & P. TEA CO., INC.


221 Pa.Super. 221 (1972)

Dougherty, Appellant, v. Great Atlantic & Pacific Tea Company, Inc.

Superior Court of Pennsylvania.

April 17, 1972.


Attorney(s) appearing for the Case

John A. Prodoehl, Jr., with him Proedoehl and Riess, for appellant.

S. Walter Foulkrod, III, with him F. Kirk Adams, Harold L. Ervin, Jr., and Butler, Beatty, Greer & Johnson, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE and PACKEL, JJ.


OPINION BY PACKEL, J., April 17, 1972:

A jar of olives fell from a shelf in a supermarket and struck a shopper. The jury returned a verdict for the shopper in the amount of $11,497.45, but judgment n.o.v. was granted by the court.

The real question presented by this appeal is whether the stacking of goods for selection by consumers on a shelf six feet or higher is sufficient to warrant a jury conclusion of liability. The assistant manager of the supermarket...

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