Legal Opinion

Nelson v. Salem Danish Lutheran Church

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 1946PublishedCited by 15 opinions

1Opinion of the Court

Action by plaintiff wife to recover damages for personal injuries. Companion action by plaintiff husband for expenses and loss of services. Judgment for plaintiffs reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. Plaintiffs did not establish actionable negligence. The fact that a floor is slippery by reason of its smoothness or polish, in the absence of proof of negligent application of wax or polish, does not give rise to a cause of action. (Kline v. Abraham, 178 N. Y. 377, 380; Abbott v. Richmond County Country Club, 211 App. Div. 231, affd.…

2Cases cited3 opinions

  1. Kline v. . AbrahamNew York Court of Appeals · 1904
  2. Abbott v. Richmond County Country ClubAppellate Division of the Supreme Court of the State of New York · 1924
  3. Abbott v. Richmond County Country ClubNew York Court of Appeals · 1925

3Cited by15 opinions

  1. Kitts v. Shop Rite Foods, Inc.New Mexico Supreme Court · 1958
  2. Lowrey v. Cumberland Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Katz v. New York HospitalAppellate Division of the Supreme Court of the State of New York · 1991
  4. Silva v. American Irving Savings BankAppellate Division of the Supreme Court of the State of New York · 1968
  5. Swartz v. RoseAppellate Division of the Supreme Court of the State of New York · 1972

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