Stengel v. Louis' Cafeteria, Inc.

Williams, J. (dissenting).

In this negligence action, the plaintiff has recovered a verdict against the defendant because of injuries which he sustained when he fell in the defendant’s cafeteria. This court is about to affirm the judgment. I must dissent from such affirmance and vote to reverse the judgment and to dismiss the complaint.

A description of certain physical characteristics is necessary to a complete understanding of the case. There was a dining area in a portion of this cafeteria eight inches below the level of the remaining floor. The accident occurred at a step leading down to…