Mintz v. Atlantic Coast Line Railroad

Stacy, O. J.

The defendant has pressed its motion for judgment of nonsuit with vigor and conviction. However, taking the plaintiff’s evidence as true and in its most favorable light for her, the accepted position on a motion of this kind, it appears that about three inches of the treads on the stairway were “smooth and slippery, worn extremely smooth and slick, and the outer edge of the tread was worn slick as glass,” rendering the stairway unsafe and dangerous. This would seem to carry the case to the jury, even if it be conceded that the remaining evidence of “shaky steps and railing” is too…