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Goldstein v. Hotel Altman

Decided: May 25, 1949.

ROSE GOLDSTEIN, PLAINTIFF-APPELLANT,
v.
HOTEL ALTMAN, A CORPORATION, DEFENDANT-RESPONDENT



McGeehan, Donges and Colie. The opinion of the court was delivered by Donges, J.A.D.

Donges

Plaintiff appeals from a judgment entered against her in the Monmouth County Court, Law Division, upon the verdict of a jury, in a suit to recover damages for injuries alleged to have been sustained by her by reason of the negligence of defendant.

Plaintiff alleged that she was a patron of the defendant on July 11, 1946, and while entering a bathroom and toilet she slipped and fell by reason of the dangerous and unsafe condition of the floor. She testified:

"A. I walked in and there was a rug there and as I stepped on the rug the rug started to slide and that's how I started to slide until I fell down.

"Q. Can you tell me when you entered the bathroom how many steps into the bathroom you took, if any, when you fell? A. I believe it was the steps as soon as I got in."

On cross-examination, she said:

"Q. And you took one or two steps into this hallway? A. That's right."

Plaintiff produced as witnesses, her son and his father-in-law, who testified that they examined the room shortly after

the incident and found the floor to be saturated or soaked with oil, and that the rug had been thrown to the corner of the bathroom.

Defendant produced the manager and a nurse, who testified that there was no oil on the floor of the bathroom. The manager testified that no throw-rugs were used in the hallways of the bathroom.

A single question is raised on this appeal, namely, that the trial judge committed reversible error in charging the jury on contributory negligence.

Plaintiff's argument is that there was no evidence from which the jury could find the plaintiff guilty of contributory negligence, and, therefore, the question ...


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