343 Mass. 771 | Mass. | 1961
Exceptions overruled. The judge directed a verdict for the defendant in this action of tort wherein the evidence most favorable to the plaintiff, who, we assume, was a business invitee' of the defendant, showed that en route to the men’s room he was caused to slip and fall on a very slippery, heavily waxed dance floor of the defendant upon which some liquor had been spilled by a waitress of the defendant approximately fifteen minutes before his fall. When the plaintiff fell (an hour and three quarters after his arrival) the premises were crowded, and the people were dancing, but the plaintiff had room enough to walk. The waitress had sloshed some drinks on the tray she was carrying and they spilled on the exact spot where the plaintiff later fell. None of the glasses, however, fell