Fitzgerald v. Cain's Lobster House, Inc.

Order of Appellate Division vacating finding for the plaintiff and ordering judgment for the defendant affirmed. The plaintiff at about 5:30 p.m. on September 4, 1950, Labor day, slipped and fell as she proceeded over the flagstone floor to take her place at one of the three seats on the extreme right end of the defendant’s lunch bar which was in the form of a horseshoe. The plaintiff’s party had been directed to these seats by the defendant’s hostess. No artificial lights were on. The sun shone through the four or five windows in the left hand wall of the room, casting a shadow of the lunch…