Lerner v. Hayes-Bickford Lunch System, Inc.

The defendant operates a restaurant or lunch. room in which the customer goes to a counter, behind which there are countermen, orders his food, which is placed on a tray by the counterman, and takes it to a table. The plaintiff went to the restaurant for the purpose of purchasing food, and, while purchasing it, asked an employee at the counter "if he could go to the men’s room.” The counterman told him to "'Go straight through that door,’ — There is a swing door there. 'Go right through that door and it is down stairs.’” The plaintiff opened the door, took a few steps, slipped, and fell down…