Livingston v. Friend Bros.

Order of Appellate Division affirmed. The Appellate Division was right in ruling that prejudicial error was committed by the trial judge in refusing to rule as requested by the defendant that there “is no evidence of negligence on the part of the defendant’s agents or servants.” There was evidence that the plaintiff, a customer in the defendant’s store, on a rainy day slipped on some mud or grease on the floor, which was wet. The fact that the floor was wet did not warrant a finding of negligence. Bornstein v. R. H. White Co. 259 Mass. 34. Tariff v. S. S. Kresge Co. 299 Mass. 129. And a…