Zalkin v. Steeplechase Amusement Co.

Judgment reversed upon the law and complaint dismissed, with costs. The record discloses that the plaintiff slipped upon a metal step while mounting a mechanical device known as the “ bicycle racer ” in the defendant’s amusement park. Her proof is that the step “ was kind of rough onto the left side where my foot slipped.” Before placing her foot upon the step she noticed that “ It was very very shiny, and it was wore off around the edges and it was quite rough — always onto the edges,” but it did not look as though there was anything wrong with it. After her foot slipped on the first…