Olsen v. St. Margaret of Scotland Roman Catholic Church

New York Court of Appeals November 22, 1966

Olsen v. St. Margaret of Scotland Roman Catholic Church, 18 N.Y.2d 872 (N.Y. 1966)

222 N.E.2d 740; 276 N.Y.S.2d 122; 1966 N.Y. LEXIS 997

Bergau, Burke, Defendant, Desmond, Dismiss, Does, Evidence, Fact, Floor, Fuld, Jury, Keatiug, Nailed, Negligence, Placed, Question, Rubber, Rug, Sdleppi, There, Upon, View, Voorhis

Opinion of the Court

Judgment affirmed, with costs; no opinion.

Concur: Chief Judge DesmoND and Judges Fuld, Burke, SdLEPPi, Bergau and Keatiug. Judge VaN Voorhis dissents and votes to reverse and to dismiss the complaint upon the ground that there is no evidence of negligence on the part of defendant. The mere fact that a rug is not nailed to a waxed floor or placed on a rubber or other nonskid mat does not, in my view, create a question of fact for a jury.

Reference

Full Case Name: Fannie F. Olsen v. St. Margaret of Scotland Roman Catholic Church
Cited By: 2 cases
Status: Published