Manning's, Inc., a Corporation v. Edna M. Bloch

Appellee, a citizen of the State of Oregon, recovered judgment in the court below against appellant, a Washington corporation, for damages suffered by her when she fell on the entranceway to appellant’s restaurant in Portland, Oregon. The appeal is based upon the contention that the evidence was insufficient to show negligence on the part of the defendant-appellant Manning’s, and that the case should have been taken from the jury. The case was tried after a pre-trial order which stated plaintiff’s contentions in part as follows:

On the morning of the accident Mrs. Bloch parked her car near the restaurant and started toward the entrance. It was on a corner. The building line cut diagonally across the corner so as to form a triangular entranceway. The entrance, at the center of the diagonal wall, was through two swinging glass doors. The surface of the exterior triangular en-tranceway was terrazzo. It was raining at the time and the terrazzo was wet. As Mrs. Bloch reached for the doors she slipped and fell.

In support of its argument that plaintiff failed to make a case, the defendant Manning’s relies upon the case of Lyons v. Lich, 145 Or. 606 , 28 P.2d 872 . This case, appellant…