Dudley v. Abraham
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, Minnie Ida. Dudley > from a judgment of the Supreme Court.in favor of the defendants, entered in the office of the clerk of the county of Kings on the 24th day of June, 1907, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 14th.day of June, 1907, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Gaynor, J. :
The plaintiff fell on the floor, about two feet from the projecting base of a stone drinking fountain in a large open space in the Centre of the defendants’ store. There were bowls and faucets at the top of the fountain, and'drinking cups chained there. It is impossible-*481to make out from the testimony of the plaintiff and her daughter whether they say she slipped on water or on grease or some slimy substance; and they were the only witnesses for the plaintiff on that head. The plaintiff said she looked at the floor after she fell, and continued : “ It was wet, and there was dirt —…
2Cases cited1 opinion
- O'Reilly v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by14 opinions
- Rawls v. Hochschild, Kohn & Co.Court of Appeals of Maryland · 1955
- Graham v. F. W. Woolworth Co.Court of Appeals of Texas · 1925
- Kamin v. StateCourt of Claims of Illinois · 1953
- Dowling v. F. W. Woolworth Co.Appellate Division of the Supreme Court of the State of New York · 1962
- Quinn v. Utah Gas & Coke Co.Utah Supreme Court · 1912
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