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Safeway Stores, Inc. v. Combs
United States Court of Appeals for the Fifth Circuit
273 F.2d 295 (1960)
- Written by Sean Carroll, JD
Facts
Louella Combs (plaintiff) slipped on ketchup in a store owned by Safeway Stores, Inc. (Safeway) (defendant). Combs sued Safeway for negligence. Safeway’s defense was that the store manager, Kenneth Tunnell, had warned Combs about the ketchup and that Combs negligently failed to heed that warning. Tunnell testified to that effect. Mr. Tunnell’s wife was at the store at the time of the incident and also testified. Mrs. Tunnell planned to testify that she heard her husband yell, “Lady, please don’t step in that ketchup.” The district court sustained Combs’s objection to this testimony, ruling that it was hearsay. Safeway appealed.
Rule of Law
Issue
Holding and Reasoning (Wisdom, J.)
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