Walz v. Paul Helfer, Inc.

The record presents issues of fact concerning negligence and freedom from contributory negligence. The washing of the floor of a store during business hours presents a different situation from the cleaning of the stairs of an apartment house (Samuels v. Terry Holding Co., 253 N. Y. 593) or the floor of a railroad station (Curtiss v. Lehigh Valley R. R. Co., 233 N. Y. 554).

The judgments should be reversed and a new trial granted, with costs to the appellant to abide the event. (See 286 N. Y. 700.)

Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur; Lehman, Ch. J., dissents.

Judgments…