Allison v. Blount National Bank

I respectfully dissent. I would affirm the circuit judge’s action in sustaining the defendant’s motion for a directed verdict because the plaintiff has failed to prove any negligence on the part of the defendant.

*367The mere fact a fall occurred on a floor which had water on it is not proof of negligence on the part of the proprietor. Plaintiff is proceeding on the theory of negligence. She must, therefore, offer proof the defendant has failed to comply with his duty of ordinary care which is owed to the plaintiff before any liability exists. In this particular case, it is incumbent upon the…