TOLBERT v. GREAT ATLANTIC AND PACIFIC TEA CO., INC.

No. 7427SC354.

206 S.E.2d 816 (1974)

22 N.C. App. 491

Harold TOLBERT v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC.

Court of Appeals of North Carolina.

July 17, 1974.


Attorney(s) appearing for the Case

Basil L. Whitener and Anne M. Lamm, Gastonia, for plaintiff appellant.

Hollowell, Stott & Hollowell by L. B. Hollowell, Jr., Gastonia, for defendant appellee.


VAUGHN, Judge.

The deposition filed by defendant tends to show that plaintiff was injured by reason of an unsafe condition existing on the floor of an aisle in defendant's store. Defendant does not contend that contributory negligence, as a matter of law, has been shown.

The thrust of defendant's argument in support of the trial court's action is that there is no evidence to show how the strawberries got on the floor or whether the unsafe condition had been...

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