CAFFREY, District Judge.
This is a diversity action of tort for personal injury in which the plaintiff, a 74-year old lady, seeks recovery from defendant hotel by reason of having suffered a compression fracture of her D/12 vertebra in a fall which occurred in the shower in a room she had rented from defendant. It is conceded that all the evidence of negligence on the part of defendant is summarized by plaintiff's answers to the following interrogatories:
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