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Brown v. S. H. Kress Company

17 S.E.2d 758, 66 Ga. App. 242
CourtCourt of Appeals of Georgia
DecidedNovember 26, 1941
Docket29215.
StatusPublished
Cited by17 cases

This text of 17 S.E.2d 758 (Brown v. S. H. Kress Company) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. S. H. Kress Company, 17 S.E.2d 758, 66 Ga. App. 242 (Ga. Ct. App. 1941).

Opinion

Sutton, J.

In the present case, in which suit was brought to recover damages for injuries sustained by the plaintiff when she slipped and fell from stepping on a banana peeling on the defendant’s stairway in its store, the evidence failed to show that the presence of the banana peeling was caused by the defendant or its agents or servants, or that it had been on the stairway a sufficient length of time to charge the defendant with constructive notice of its presence. Accordingly, the court did not err in awarding a nonsuit. Castleberry v. Fox, 29 Ga. App. 35 (113 S. E. 110) ; Ellis v. Southern Grocery Stores Inc., 46 Ga. App. 254 (4) (167 S. E. 324); Cook v. Kroger Baking & Grocery Co., 65 Ga. App. 141 (15 S. E. 2d, 531).

Judgment affirmed.

Stephens, P. J., and Felton, J., concur.

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Bluebook (online)
17 S.E.2d 758, 66 Ga. App. 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-s-h-kress-company-gactapp-1941.