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Sheridan, Appellant, v. Horn Hardart Baking Co.

Negligence — Possessor of land — Condition — Restaurant — Revolving door — Floor — Slush — Evidence — Contributory negligence.

In an action for personal injuries, in which it appeared that plaintiff mounted a single step and started to enter the revolving door of defendant's restaurant, which was moving very slowly, when she slipped and fell; that the streets outside were slushy as was the floor where she fell; and that there was no evidence as to how long the slushy condition of the entryway had existed or what measures defendant had taken or not taken to correct it, or as to the condition of the floor inside the restaurant; it was Held that (1) the evidence was insufficient as a matter of law to establish that defendant was negligent; and (2) the evidence established as a matter of law that plaintiff was contributorily negligent.

OPINION PER CURIAM, January 2, 1951:

Order affirmed on the opinion of the learned court below.

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SHERIDAN v. HORN HARDART BAK. CO
(Jan 2, 1951)