Surface v. Safeway Stores, Inc.

JOHNSEN, Circuit Judge.

Ada B. Schumacher, a customer, 73 years of age, fell on the floor of one of the self-service grocery stores of The Safeway Stores, Inc., in Lincoln, Nebraska, and was injured. She claimed that the floor was slippery, from having been mopped some minutes before, and that this was the cause of her fall. She sued Safeway in negligence, under Nebraska law, but died before the case was tried, and the action was revived in the name of her Administrator. On a trial of the merits, the court at the close of the plaintiff’s evidence directed a verdict for Safeway and dismissed…