Townes v. Park Motor Sales, Inc.

Botein, P. J. (dissenting).

The affirmance by the majority is based on a holding that plaintiff was contributorily negligent as a matter of law in two respects: (1) in permitting the accumulation of caked grease and oil on the floor prior to the fire, and (2) in his negligent conduct after the buffer burst into flames. It is not concluded by the majority, as was held by the trial court, that plaintiff was negligent in using a defective buffer.

The evidence does not compel a finding that plaintiff was responsible for the condition of the floors. He had been on the premises but a few months, and…