Gallagher v. STOP & STOP, INC.

The plaintiff, a business visitor, was hurt when he slipped and fell on the floor of the defendant’s store. Pursuant to court order the plaintiff specified that the defendant was negligent in that it "permitted the remnants of a melted ice cream cone to remain an unreasonable length of time on its premises in a place where the defendant knew its customers had to walk; thereby causing a danger to its customers.” The judge denied a motion of the defendant that a verdict be directed for it, and the correctness of that ruling is the only question presented by the defendant’s bill of exceptions.…