431 F2d 930 Smart v. Winn-Dixie Stores Inc Smart

431 F.2d 930

Mrs. Sarah SMART, Plaintiff-Appellee,
WINN-DIXIE STORES, INC., Defendant-Appellant.
Quinton SMART, Plaintiff-Appellee,
WINN-DIXIE STORES, INC., Defendant-Appellant.

No. 29051 Summary Calendar.*

United States Court of Appeals, Fifth Circuit.

September 2, 1970.

Larry E. Pedrick, Wilson G. Pedrick, Waycross, Ga., for defendant-appellant.

Delman L. Minchew, Waycross, Ga., for plaintiffs-appellees.

Before THORNBERRY, COLEMAN and CLARK, Circuit Judges.


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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.





[1] Rule 18, 5th Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York, et al., 5th Cir., 1970, 431 F.2d 409, Part I