Kettering v. American Building Maintenance Co.
Kettering v. American Building Maintenance Co.
Opinion of the Court
delivered the opinion of the Court.
On February 23, 1961, plaintiff in error, hereinafter referred to as Mary, was a volunteer worker for
On the above date Mary slipped and fell on a floor at the airport, which had been waxed by agents of the company late on February 21st or early on February 22nd, 1961, and as a result sustained an injury to her left knee. On November 30, 1961, this action was commenced to recover damages resulting from the fall allegedly caused by the negligence of the defendant.
The defendant by answer denied any negligence resulting in damage to Mary, and further alleged affirmatively that any injuries sustained by her resulted from her own negligence.
At the conclusion of the evidence offered in support of Mary’s c'aim the trial court, on motion of defendant’s attorney, dismissed the action for failure of plaintiff to make out a prima facie case of negligence.
The sole question for determination on this writ of error is whether there was any evidence of negligence on the part of the defendant to require a submission of that issue to the jury for determination.
In granting the motion to dismiss the action, the trial court commented as follows:
“By looking at the testimony most favorable to the plaintiff, which you have to do of course, the testimony shows that the floor was slippery. In the Court’s opinion, the record is silent on what caused that condition. * * *”
We have carefully examined the full record before us and find no competent evidence requiring submission to the jury of the issue of negligence on the part of the defendant. There is evidence that the floor
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.