Oldfield v. Neisner Bros.

Judgment reversed, on the law and facts, with costs, and complaint dismissed, with costs. Appeal from the order dismissed as academic. Memorandum: The room, which contained the scale over which plaintiff claimed that she tripped, was well lighted. The scale was obviously in sight and was, or the trial court charged without exception, perfectly obvious to anybody using the room in which it stood. Plaintiff had seen it previously several times when she made use of the room, although she claims she did not particularly notice it. She, however, admits that she saw it as she came into the room on…