New York Court of Appeals, 1966

Olsen v. St. Margaret of Scotland Roman Catholic Church

Olsen v. St. Margaret of Scotland Roman Catholic Church
New York Court of Appeals · Decided November 22, 1966 · Bergau, Burke, Defendant, Desmond, Dismiss, Does, Evidence, Fact, Floor, Fuld, Jury, Keatiug, Nailed, Negligence, Placed, Question, Rubber, Rug, Sdleppi, There, Upon, View, Voorhis
18 N.Y.2d 872; 222 N.E.2d 740; 276 N.Y.S.2d 122; 1966 N.Y. LEXIS 997

Olsen v. St. Margaret of Scotland Roman Catholic Church

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.

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