Gaffney v. William Filene's Sons Co.

The plaintiff seeks to recover for personal injuries sustained in a fall due to the presence of a foreign substance negligently permitted to remain upon the steps leading into the defendant’s department store.

At the close of the evidence and before final argument the defendant filed certain requests for rulings among which were the following:

“5. If the plaintiff, while on the premises of the defendant as an invitee, was injured as the result of a foreign substance on the stairs, the defendant, is not liable, if it or its employees did not know, of the existence of such foreign substance, and…