English
English v. Drumwright
Opinion
Lead Opinion
Shepard, J.
This is an appeal by plaintiff from a judgment for defendant on a jury verdict in a personal injury action.
Facts
On January 2, 1959, a waitress in the coffee shop of defendant dropped a glass of water while clearing a table. It made a wet spot on the floor about 12 to 14 inches across. Within a few seconds the dishwasher was called to mop the floor. Some *811 15 to 30 seconds after the water was spilled, while the dishwasher was coming with a mop, plaintiff walked into the coffee shop, and fell at a spot close to where the water was spilled. She did not testify positively how she fell, except to say she slipped. While on the floor, she felt her dress was damp. Within seconds, two patrons from the lunch counter helped her up and she sat at a booth a foot or so from where she fell. At that time she told two witnesses she was all right. She says she suffered a 6-inch shallow flesh wound on the left upper thigh; that she saw blood; that her right foot hurt, and she was shaking all over like she had a big beating. While seated at the booth after the fall, she ordered two hamburger sandwiches, waited for their preparation, took delivery thereof, had the waitress order a taxicab, and…