Abbott v. Richmond County Country Club

Headnote

Negligence — maintenance in club locker room of concrete floor with smooth finish covered with thin coating of oil, not negligence — when visitor may not recover for injuries from fall.

Abbott v. Richmond County Country Club, 211 App. Div. 231 , affirmed.

Appeal from a judgment, entered February 2, 1925, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff, while a guest of a member of defendant, received the injuries complained of through a fall while going out of the club locker room. The testimony showed that the floor was of concrete, with a smooth finish, stained and

covered with a thin coating of linseed oil and was somewhat slippery. There was some evidence that others had fallen at the same spot. The Appellate Division held that the condition described was not such as to charge defendant with negligence.