Scribner

Plaintiffs and appellants Scribner, husband and wife, brought this action for claimed injuries to the wife, alleging that on October 16, 1950, she slipped on the floor of a bakery owned and operated by defendants and respondents Bertmann. It is further alleged that an invitee, Mrs. Scribner (hereinafter referred to as plaintiff) entered the store at about 10 a. m. to purchase some bread; that she slipped and fell to the floor because the floor was negligently maintained and was unsafe, dangerous and slippery, and as a proximate result of defendants’ negligence she was injured.

Defendants Bertmann answered, denied generally these allegations, alleged contributory negligence on the part of plaintiff, and claimed that plaintiff’s claimed injuries were the result of an inevitable and unavoidable accident so far as defendants were concerned. Subsequently defendant and respondent Lewis Sehaffert, who was sued and served as one of the fictitiously-named defendants, filed a similar answer. Upon the trial of the action by the court, sitting without a jury, it found generally that defendants were not negligent and that plaintiff’s injuries were due to her own negligence. It then found in…