Friedman v. Berkowitz

Plaintiff sues his father-in-law for personal injuries. He and his wife were invited as social guests to the house of defendant, who lives in a two-family house, which has a concrete driveway, leading to a garage. Plaintiff claims that defendant spilled part of a can of oil on this driveway, left it there for some hours, forgetfully failing to clean it up. It was this pool of oil that caused the accident. Defendant obligingly admitted, when called as a witness in his own behalf, everything plaintiff claimed. It would appear, therefore, that there is no *891question of fact to decide, and that…