Howard

This is an action brought by one Marie Howard for damages allegedly resulting from personal injuries which she suffered in a fall in the kitchen of defendant Addison J. Howard’s home. Plaintiff charged defendant with carelessness and negligence, both in the maintenance of the premises and in his failure to warn plaintiff concerning the dangerous condition thereof. She alleged said negligence to be the proximate cause of her injuries. Defendant denied plaintiff’s allegations, and pleaded the affirmative defense of contributory negligence. The jury found in favor of plaintiff, and assessed damages in the sum of $11,000. Defendant appeals from the judgment entered upon the verdict.

The material facts are not in dispute. At about 5 o’clock in the afternoon, October 12, 1957, defendant began preparing dinner for himself and his 6-year-old son in the kitchen of his home. He fried round steak in a pan greased with lard, after which, in moving the pan from the stove to the sink, he spilled grease on the kitchen floor near the doorway leading to the dining-living room. This occurred at approximately 5 :30 p. m. Defendant testified that although he had intended to clean the floor following…