Hamilton

Plaintiff, while in a public market to make a purchase, slipped and fell on an oily floor in an aisle, and in this action for damages recovered judgment against the owners of the market and their employee, whose duty it was to keep certain portions of the floors of the building clean.

The market building, owned by defendant Gore Brothers, Inc., was occupied by tenants and subtenants whose small places of business were separated by aisles. One of the subtenants, a Mr. Wertzel, operated a delicatessen store. He accidentally knocked nine bottles containing * (separately) mustard, horseradish, barbecue sauce, and tartar sauce to the floor, where they broke in an aisle in front of the counter. Defendant George Keller, janitor for Gore Brothers, Inc., heard the crash and came with a broom and dustpan with which he removed the glass and such of the liquid mixture as he could with the equipment he had. He then left and later returned with a pail of water and a mop. While he was away plaintiff slipped on the oily floor and fell.

Defendants upon this appeal urge several grounds for reversal. They contend that Gore Brothers, Inc., owed no duty to the patrons of the stores with reference to…