Mrs. Sarah Smart v. Winn-Dixie Stores, Inc., Quinton Smart v. Winn-Dixie Stores, Inc.

431 F.2d 930

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 2, 1970
• Docket: 29051_1
• Status: Published

Opinion

PER CURIAM:

This diversity case originated as a personal injury action growing out of a bad fall taken by Sarah Smart when she stepped on a grape or grapes at appellant’s grocery store. Both Mrs. Smart and her husband filed suits against appellant, and the cases were tried together to a jury, with separate verdicts being rendered in favor of Mr. and Mrs. Smart. Judgment was entered for plaintiffs on the basis of the jury verdicts, and Winn-Dixie appeals.

Appellant has advanced numerous assignments of error. We have carefully examined each of appellant’s contentions in light of the record to determine whether any error was committed that would require a reversal of the judgment. Appellant essentially attempts to retry the case on appeal. This it cannot do. Having found no error, we affirm the judgment of the district court.

Affirmed.