Safeway Stores, Incorporated v. Mildred Murphy

ORR, Circuit Judge.

Appellee, Mildred Murphy, entered appellant’s store to do some shopping. The floors had been freshly waxed the night before. Appellee slipped and fell and sustained serious injuries. She sued and the jury returned a verdict awarding her damages in the sum of $36,500. The question presented to us for decision is bottomed upon the contention that the evidence is insufficient to sustain the verdict.

The trial court in ruling on a motion for a new trial expressed the view that the law of the case had been established as that of the so-called California rule which recognizes that…