Topley v. Zeeman

— Plaintiff appeals from a judgment entered for the defendants pursuant to a directed verdict. The action is one for damages for personal injuries sustained by plaintiff as the result of a fall in a bathtub in a hotel operated by the defendants.

It appears from the evidence that the plaintiff had been living at the hotel for several days and had used the bathtub many times prior to the accident. She testified that as she stepped into the tub on the night of the accident “the legs spread out from under the tub and my feet slipped, and I fell back on my back on the rim of the tub”. Plaintiff…