Wielar v. Silver Standard, Inc.

The defendant was the owner of a self-service cafeteria at No. 38 Park row, borough of Manhattan, city of New York. The cafeteria consisted of two large dining rooms, one on the street floor and the other in the basement. A patron upon entering received a food check and went to a counter where food was selected and placed upon a tray. The tray was then carried to a table of the patron’s own choice.

Plaintiff entered the cafeteria on December 10, 1940, and was handed a food check. He testified, “ I selected some food, placed it on a table; took off my hat and coat, and hung my coat on a hook on…