American National Bank v. Howard

Felton, Chief Judge.

The pleadings and the depositions and affidavits on file all show that the sole defect, if any, in the defendant's premises with regard to the plaintiff’s fall was an excessively slippery condition of the terrazzo floor caused by wax. Since the defendant, by its employee, admittedly applied the wax as a routine procedure, the cases dealing with various foreign substances on floors are not relevant. The defendant is thus presumed to have knowledge of the- existence of the wax. The controlling issues, as to a summary judgment for the defendant, are whether the record shows…