Hughey v. Winthrop Motor Co.

A jury returned a verdict for defendant. Plaintiffs appeal from an order dismissing their action with prejudice.

Plaintiffs, Mr. and Mrs. Hughey, drove their automobile into defendant’s garage for minor repairs. Mrs. Hughey alighted and walked across the “dark hardwood floor” to the waiting room.

When the repairs had been completed, Mr. Hughey-crossed the garage floor, tapped on the window of the waiting room, and motioned to his wife to join him.

Mrs. Hughey left the waiting room. She testified that she wore “just common-sense shoes, just ordinary walking shoes”, and did not notice anything on…