Boccaccino v. Our Lady of Pity Roman Catholic Church

Judgment, in favor of plaintiff against defendant-appellant, unanimously reversed on the law and on the facts, and the complaint dismissed on the law, with costs to appellant. Plaintiff sustained injuries when she slipped and fell on a rubber tile covered floor while walking down the aisle of a church on Easter Sunday, April 6, 1958. The proof showed that from 8:00 a.m. there had been traces of rain, and, as shown by the weather report, the rain became heavy at 10:00 a.m., about the time plaintiff left her home for the church to attend the 10 o’clock Mass. There was also proof that the floor…