Appellate Division of the Supreme Court of New York, 1944

Davis v. S. S. Kresge Co.

Davis v. S. S. Kresge Co.
Appellate Division of the Supreme Court of New York · Decided January 19, 1944
267 A.D. 850; 45 N.Y.S.2d 742; 1944 N.Y. App. Div. LEXIS 5093
Davis v. S. S. Kresge Co.

Opinion of the Court

Respondent wife fell in appellant’s store in Albany. She asserts that there was wax on the floor, that wax which was still wet was on her hands and clothing. Defendant’s witnesses denied that wax was used upon the floors. Respondent *851husband sustained his wife’s testimony. It was a question of fact for the jury to determine. Judgments and orders affirmed, with costs. Hill, P. J., Bliss, Heffernan and Sehenek, JJ., concur. [See post, p. 923.]

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