Gallagher v. Children's Aid Society

Per Curiam,

In this action of trespass the plaintiff appeals from the refusal of the court below to take off a nonsuit. For present purposes, the facts are not in dispute; the only evidence received on the trial was that of the plaintiff.

Plaintiff was an employee of one of the tenants of an office building owned and operated by defendant. On February 19, 1940, at 8:50 A. M., the floor of the lobby of defendant’s building was covered with water and slush which had been carried in on the feet of those who entered the building. At that time the plaintiff, in walking through the lobby of the…