Phelps v. Montgomery Ward & Co.

On Sunday, March 22, 1936, defendant had a preparation called Myco-Sheen applied to its wooden floors. It was furnished by Masury-Young Company, a reputable manufacturer of Boston, Massachusetts, and applied by a competent and qualified representative of the company who did not testify. It was the first application of the preparation upon the defendant’s floor. The preparation has not been applied since.

Plaintiff claims that she went into the store between four and five o’clock on Wednesday, March 25, accompanied by her mother; that she went to the piece goods counter, made a purchase and…