Falina v. Hollis Diner, Inc.

Action to recover damages for personal injuries suffered when respondent left appellant’s diner, slipped on ice, and fell. The accident happened on December 29, 1950, sometime after 9:00 a.m. For four days prior to the accident, and up to 4:00 a.m. of the 29th, temperatures were below thirty-two degrees. About nine hours before the accident it commenced to snow, sleet and rain. That continued until about 8:00 a.m., when it turned to rain. The rain continued for several hours after the accident. Before and after the accident, rain froze as it reached the ground. The steps of the diner, the…