Judgment reversed, on the law, and new trial granted, with costs to abide the event.
The questions of fact have not been considered. In our opinion, plaintiff made out a prima facie case. She allegedly slipped and fell on a wet floor adjacent to a water fountain in defendant's department store. The proof adduced was sufficient from which the inferences could reasonably be drawn that the condition was a recurring one; that defendant, through its employees, had actual...
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