Olsen v. St. Margaret of Scotland Roman Catholic Church

18 N.Y.2d 872 Court N.Y. Decision date 1966-11-22 English

Judges Concur: Chief Judge DesmoND and Judges Fuld, Burke, SdLEPPi, Bergau and Keatiug. Judge VaN Voorhis dissents and votes to reverse and to dismiss the complaint upon the ground that there is no evidence of negligence on the part of defendant. The mere fact that a rug is not nailed to a waxed floor or placed on a rubber or other nonskid mat does not, in my view, create a question of fact for a jury.

Majority

p. 872

Fannie F. Olsen et al., Respondents, v. St. Margaret of Scotland Roman Catholic Church, Appellant.

Argued October 19, 1966;

decided November 22, 1966.

p. 873

William F. McNulty and Patrick F. Adams for appellant.

Benjamin H. Siff for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Chief Judge DesmoND and Judges Fuld, Burke, SdLEPPi, Bergau and Keatiug. Judge VaN Voorhis dissents and votes to reverse and to dismiss the complaint upon the ground that there is no evidence of negligence on the part of defendant. The mere fact that a rug is not nailed to a waxed floor or placed on a rubber or other nonskid mat does not, in my view, create a question of fact for a jury.