DONOHOE v. GREAT ATL. & PAC. TEA CO.


277 A.D. 739 (1951)

Helen Donohoe, Respondent, v. Great Atlantic and Pacific Tea Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 7, 1951.


Attorney(s) appearing for the Case

Howard H. Starrett and Percy R. Smith for appellant.

Michael Catalano and John R. Pillion for respondent.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and WHEELER, JJ.


WHEELER, J.

The plaintiff alleges and has offered proof to the effect that while a customer in defendant's Scranton, Pennsylvania store, she was caused to fall by slipping in a patch of oily, greasy material on the floor, described by her witnesses as a pool of liquid oil about six inches in diameter. Aside from this one isolated spot, the floor of the store was free from oil or any other similar substance. Plaintiff...

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