Clayton

This is an appeal from a judgment in favor of plaintiff for personal injuries received from a fall in defendants’ store.

*3 A résumé of a part of the testimony is as follows:

On January 16, 1957, the plaintiff was a business invitee in the Inglewood store of defendants. Some time between the hours of 3 a.m. and 8 a.m. of the day in question the asphalt tile floors of the store were cleaned and waxed.

This work was done by employees of the defendants. The cleaning was done with a product called “Myeoleum” which is a fatty acid soap. After the soap is used the floor is supposedly mopped and dried before the wax is applied. The wax which was used is called “Sole-Grip.” It is a carnauba wax material containing colloidal silica, the latter element being added to make the wax a “slow” wax or less slippery than it otherwise would be. The directions of the manufacturer with reference to the use of the wax were that it was not to be diluted and was to be applied in an even coat with a clean mop. In preparing the particular mix of wax which was applied after the floor was cleaned on the day in question the defendants’ employees, in charge of maintenance, diluted the solution of wax by…