Fox v. Great Atlantic & Pacific Tea Co.

Dec 11, 1935
Versions:209 N.C. 115
182 S.E. 662
1935 N.C. LEXIS 42
Per Curiam.

Since there is no evidence of how the beet got upon the floor of the aisle, or of how long the beet had been upon the floor before the plaintiff stepped on it, there is no evidence of negligence on the part of the defendant. The defendant is not an insurer of the safety of those who enter its store for the purpose of making purchases, and the doctrine of res ipsa loquitur is not applicable. Before the plaintiff can recover she must, by evidence, establish actionable negligence on .the part of the defendant, Bowden v. Kress, 198 N. C., 559; Cooke v. Tea Co., 204 N. C., 495, and this she has failed to do.

The judgment is ,

Affirmed.