Romeo

Plaintiffs appeal from a judgment entered upon a jury’s verdict in favor of the defendant. Plaintiff Josephine Borneo was injured as a result of a fall which occurred on November 29, 1962, in the defendant’s food market. She had gone to the market to shop for groceries, accompanied by her sister-in-law, Norma Scorza. After she arrived she selected a shopping cart in which to place her groceries and began to shop, walking up and down the various aisles. As she was proceeding down an aisle, pushing her cart in front of her, she turned her head to talk to Norma, who was following about 10 feet behind. At that point, while plaintiff was still looking at Norma, her feet went out from under her and she fell on her back, allegedly sustaining the injuries of which she complains. After the fall a broken jar of Maraschino cherries was discovered where plaintiff had fallen. The spilled syrup (still in a liquid condition) and red cherries were spread over the light grey floor in a circular area of approximately one and one-half feet in diameter. The broken glass was also scattered around the floor. The plaintiff had not seen the broken bottle prior to her fall, and it is conceded that neither…