Home/D.C. Circuit/Mildred C. Kelly v. Great Atlantic and Pacific Tea Company, a Corporation

Mildred C. Kelly v. Great Atlantic and Pacific Tea Company, a Corporation

284 F.2d 610, 109 U.S. App. D.C. 181, 1960 U.S. App. LEXIS 3098
CourtCourt of Appeals for the D.C. Circuit
DecidedDecember 8, 1960
Docket15852_1
StatusPublished
Cited by7 cases

This text of 284 F.2d 610 (Mildred C. Kelly v. Great Atlantic and Pacific Tea Company, a Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mildred C. Kelly v. Great Atlantic and Pacific Tea Company, a Corporation, 284 F.2d 610, 109 U.S. App. D.C. 181, 1960 U.S. App. LEXIS 3098 (D.C. Cir. 1960).

Opinions

PER CURIAM.

While Mrs. Mildred C. Kelly was shopping in one of the appellee’s stores, she stepped into a slippery substance on the floor thought to have been the contents of a jar of baby food. In the complaint filed by her and her husband it was alleged that the appellee “knew, or in the exercise of ordinary case should have known” of the slippery condition of the floor “in sufficient time to have remedied the said slippery, dangerous and unsafe condition before the occurrence hereinafter set forth.” At the conclusion of the evidence, the trial judge directed a verdict for the defendant, whereupon this appeal was taken.

There was no evidence that appellee knew of the presence of foreign matter on the floor, nor did the proof show the condition had existed long enough to justify a holding of constructive notice. Brodsky v. Safeway Stores, 1945, 80 U.S.App.D.C. 301, 152 F.2d 677.

Affirmed.

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Mildred C. Kelly v. Great Atlantic and Pacific Tea Company, a Corporation
284 F.2d 610 (D.C. Circuit, 1960)

Cite This Page — Counsel Stack

Bluebook (online)
284 F.2d 610, 109 U.S. App. D.C. 181, 1960 U.S. App. LEXIS 3098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mildred-c-kelly-v-great-atlantic-and-pacific-tea-company-a-corporation-cadc-1960.