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FANNIE F. OLSEN et al., Respondents, v. ST. MARGARET OF SCOTLAND ROMAN CATHOLIC CHURCH, Appellant.

Judgment affirmed, with costs; no opinion.

Concur: Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI, BERGAN and KEATING. 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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OLSEN v. ST. MARGARET OF SCOTLAND R.C. CHURCH
(Nov 22, 1966)