Harris v. Montgomery Ward & Co.

The appellant seriously contends its motion for judgment as of nonsuit, interposed at the close of plaintiff’s evidence and renewed at the close of all the evidence, should have been sustained.

Ordinarily an action against an owner or lessee of a building cannot be sustained where it is founded solely upon the fact that a patron or invitee was injured by slipping on a waxed or polished floor, where the floor had been waxed or polished in the Usual and customary manner and with material in general use for that purpose. Barnes v. Hotel Corp., 229 N.C. 730, 51 S.E. 2d 180, and the cases cited…