Fox v. Ben Schechter Co.

DISSENTING OPINION

By ROSS, PJ.

I dissent from the conclusion of the majority of the court for the reason that there is in the record not one scintilla of evidence that the substance upon which the plaintiff claimed she slipped was either negligently placed upon the floor by the owner, or his employes, or remained fcnere for such a time as to constitute constructive notice of its presence.

The owner in the final analysis is only required to use the care which reasonably" careful and prudent persons are accustomed to use under the same or similar circumstances. This requires the operator ;f a…