Elkin v. Rosenthal Painting Corp.

Brooks, PJ.

This is an action of tort wherein plaintiff Dorothy Elkin sues in Count 1 for. personal injuries caused by falling over a *160“dropcloth” (hereinafter called canvas) on the traveled portion of the sidewalk due to the negligence of defendant in arranging said canvas in lumps, wrinkles and folds; and in Count 2 for consequential damages by her husband.

The answer is general denial, contributory negligence, assumption of risk and statute of limitations.

Witnesses at the trial were plaintiff Dorothy Elkin, plaintiff’s physician and the employee of defendant who spread the canvas on the…