Appellate Terms of the Supreme Court of New York, 1915

Rosen-Steinsitz v. Wanamaker

Appellate Terms of the Supreme Court of New York · Decided June 28, 1915 · Bijur

154 N.Y.S. 262 (New York Supplement)

Counsel

James F. Mahan, of New York City (John L. Coe, of New York City, of counsel), for appellant., Simon S. Hamburger, of New York City (Lionel P. Kristeller, of New York City, of counsel), for respondent.

Opinion of the Court

BIJUR, J.

Plaintiff sues in negligence. While in the defendant’s store, and upon leaving the dressing room, she stepped on a rubber mat which lay unfastened on the marble floor, and the mat slipped, and she fell and was injured.

As there was no proof of any negligence on the part of defendant, the judgment must be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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