Crystal Palace Co. v. Lenox

(after stating the facts as above). We think the court erred when he refused appellant’s request that he instruct the jury to return a verdict in its favor. As we view the testimony, it did not warrant a finding that appellant had failed to discharge the duty it owed appellee to exercise ordinary care to have the floor in question in a safe condition, for the use it invited her to make of it. There was testimony that the floor was wet, but it was from water from wet shoes and wet bathing suits and robes worn by appellant’s patrons walking upon it, as appellee was at the time she fell. How…