McNeil v. William G. Brown & Co., 2146.
| Decision Date | 19 November 1927 |
| Docket Number | No. 2146.,2146. |
| Parties | McNEIL v. WILLIAM G. BROWN & CO. |
| Court | U.S. Court of Appeals — First Circuit |
R. Chandler Davis, of Gloucester, Mass., for plaintiff in error.
Starr Parsons, of Lynn, Mass. (Eben Parsons and Parsons, Wadleigh & Crowley, all of Lynn, Mass., on the brief), for defendant in error.
Before BINGHAM, JOHNSON and ANDERSON, Circuit Judges.
This is an action of tort for personal injuries brought by the plaintiff, an alien, against the defendant, a corporation doing business at Gloucester, Mass. The accident occurred on July 15, 1925, at the defendant's store, where the plaintiff was shopping. Having completed her purchases, and while walking down the aisle of the store toward the door leading to the street, she slipped and fell, breaking her hip.
There was a trial by jury. At the close of the plaintiff's evidence the court directed a verdict for the defendant, and this writ of error was prosecuted.
The question presented is whether the evidence warranted a submission of the case to the jury.
The evidence, considered in the light most favorable to the plaintiff, tended to prove that she was a woman 65 years of age; that about 11 o'clock in the forenoon of July 15, 1925, and while she was a customer in the defendant's store, she slipped upon oil upon the floor, which caused her to fall and break her hip; that this occurred while she was walking through the store on her way out to the street; that she noticed nothing about the floor before the accident; that as she was walking along her right foot suddenly slipped causing her to fall; that the place where she fell was near the end of a counter; that her foot slipped on something like oil; that, having fallen, she was assisted to a chair near the spot where she fell; that, after being assisted to the chair, she saw a spot that looked like oil; that there was a hollow place in the floor, and the oil was in that place; that she noticed the mark of her foot in it; that, while sitting there, she pointed out the spot of oil to Mr. Brown, the defendant's manager, and spoke to him about it; that she also pointed it out to her sister-in-law, who came to her shortly after the accident; that the oil on the floor looked to her like something that they had put on the floor to keep the dust down; that the patch of oil was about a foot long and five inches wide.
It also appeared from the testimony of the defendant's manager, Mr. Brown, who was called as...
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