Opinion · Ohlaw Ohio

SWEET v. B.B. STORES, 158 Ohio St. 256 (1952)

SWEET, APPELLANT v. BIG BEAR STORES CO. ET AL., APPELLEES., 108 N.E.2d 737 (Ohio 1952)

Type
Opinion
Court
Ohlaw Ohio
Jurisdiction
Ohlaw
Date
1952-11-12
Topic
general

SWEET v. B.B. STORES, 158 Ohio St. 256 (1952) 108 N.E.2d 737 SWEET, APPELLANT v. BIG BEAR STORES CO. ET AL., APPELLEES.

Citator

UpLaw has not yet analyzed SWEET v. B.B. STORES, 158 Ohio St. 256 (1952). The absence of a flag is not a finding that it is good law.

SWEET v. B.B. STORES,158 Ohio St. 256(1952)
108 N.E.2d 737
SWEET, APPELLANT v. BIG BEAR STORES CO. ET AL., APPELLEES.
No. 33054
Supreme Court of Ohio.
Decided November 12, 1952.
Negligence — Storekeepers — Not liable to patron slipping onfloor, when — Insufficient evidence to warrant recovery —Directed verdict not error.
CERTIFIED by the Court of Appeals for Franklin county.

This action was brought to recover for personal injuries alleged to have been sustained by plaintiff when she slipped on spinach on the floor of defendant company's grocery store while she was a customer therein. There is no evidence as to how the spinach came to be on the floor or as to how long it had been there. The accident occurred in a separate grocery department 30 or 40 feet from the department in which spinach was sold.Page 257

At the close of plaintiff's evidence, the trial court sustained defendants' motions for a directed verdict in their favor and rendered judgment for them. The judgment was affirmed by the Court of Appeals and the record of the case was certified as a conflict case to this court for review.
Messrs. Herbert DombeyandMr. Russell E. Leasure, for appellant.Messrs. Wright, Harlor, Purpus, Morris Arnold, for appellee Big Bear Stores Company.Mr. Luther L. Boger, for appellee Forrest R. Sparks.
Per Curiam.
The judgment is affirmed on authority ofHardgrovev.IsalyDairy Co.,139 Ohio St. 641,41 N.E.2d 862;Johnsonv.Wagner Provision Co.,141 Ohio St. 584,49 N.E.2d 925;Bolesv.Montgomery Ward Co.,153 Ohio St. 381,92 N.E.2d 9.Judgment affirmed.

WEYGANDT, C.J., ZIMMERMAN, STEWART, TAFT, MATTHIAS and HART, JJ., concur.

MIDDLETON, J., not participating.Page 258