SHAW v. J. F. WARD COMPANY

No. 382.

133 S.E.2d 217 (1963)

260 N.C. 574

Celester H. SHAW v. The J. F. WARD COMPANY.

Supreme Court of North Carolina.

November 27, 1963.


Attorney(s) appearing for the Case

Walser & Brinkley, by Gaither S. Walser, Lexington, for plaintiff appellant.

DeLapp & Ward, Lexington, for defendant appellee.


HIGGINS, Justice.

The plaintiff, an invitee, was injured in a fall as she descended the wooden steps between the first and the second floors of defendant's department store. She alleged: "That said second step was loose and would give under pressure and the cupped, loose, worn, depressed and uneven area was very slick from constant wear."

The plaintiff testified: "When I came down the stairway, I had my hand on the rail. When I got to the second step from...

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