Muskin v. Gerun

Plaintiff, a professional acrobatic dancer, while performing her act at a café owned and operated by defendants, became impaled on a large splinter on the floor; and she brought this action to recover damages for the injuries so received, which she alleged were sustained as a result of defendants’ negligence. Defendants denied the allegations of negligence, and as special defense pleaded contributory negligence. A jury returned a verdict in defendants’ favor; and from the judgment so entered, plaintiff appeals.

The principal facts may be stated as follows: Plaintiff was a member of a…