Willett v. United States Rubber Co.

Headnote

Negligence — action to recover for ‘personal injuries occasioned by slipping on cement placed on stairs preparatory to laying rubber treads.

Willett v. United States Rubber Co., 204 App. Div. 875 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1922, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The complaint alleged that on March 24, 1919, defendant was engaged in laying rubber treads upon certain stairways in premises known as No. 229 West Forty-sixth street, in the borough of Manhattan, city of New York; that defendant negligently permitted paste, grease and rubbish to be and remain upon said stairways; that plaintiff, who was employed as a housekeeper in said building, in proceeding from the first floor to the ground floor, without fault on her part, was precipitated down said stairway by reason of said alleged negligence of defendant; and that plaintiff thereby sustained the injuries complained of. Defendant answered, denying the material allegations of the complaint, and alleging that plaintiff’s injuries were the result of her contributory negligence.