Budd Pfeifer v. Safeway Stores, Inc.

Fifth Circuit

Budd Pfeifer v. Safeway Stores, Inc.

339 F.2d 601, 1964 U.S. App. LEXIS 3545

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 17, 1964

Docket21568

StatusPublished

This text of 339 F.2d 601 (Budd Pfeifer v. Safeway Stores, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Budd Pfeifer v. Safeway Stores, Inc., 339 F.2d 601, 1964 U.S. App. LEXIS 3545 (5th Cir. 1964).

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Opinion

PER CURIAM.

In this diversity case the appellant, Budd Pfeifer (plaintiff), complains of the action of the trial court in concluding that there was not sufficient evidence to sustain his complaint against Safeway Stores, Inc. (appellee) alleging that he was injured when he slipped and fell in the appellee’s store. Appellant claims that the appellee was guilty of negligence in allowing foreign matter to remain on the floor of the store, or that such foreign matter had been placed there by an employee of the appellee. At the conclusion of the appellant’s case the court granted the motion of the appellee for an instructed verdict and judgment was entered against appellant. Our review of the record fails to convince us that the trial court committed error. See F. W. Woolworth Co. v. Bell (5 Cir. 1961) 291 F.2d 912. The judgment is affirmed.

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PER CURIAM.

In this diversity case the appellant, Budd Pfeifer (plaintiff), complains of the action of the trial court in concluding that there was not sufficient evidence to sustain his complaint against Safeway Stores, Inc. (appellee) alleging that he was injured when he slipped and fell in the appellee’s store. Appellant claims that the appellee was guilty of negligence in allowing foreign matter to remain on the floor of the store, or that such foreign matter had been placed there by an employee of the appellee. At the conclusion of the appellant’s case the court granted the motion of the appellee for an instructed verdict and judgment was entered against appellant. Our review of the record fails to convince us that the trial court committed error. See F. W. Woolworth Co. v. Bell (5 Cir. 1961) 291 F.2d 912. The judgment is affirmed.

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Bluebook (online)

339 F.2d 601, 1964 U.S. App. LEXIS 3545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/budd-pfeifer-v-safeway-stores-inc-ca5-1964.

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