139 Cal. App. 625 | Cal. Ct. App. | 1934
An appeal by defendant corporation from a judgment in favor of the plaintiff entered upon the verdict of a jury.
The defendant owned and operated a building in San Francisco. On August 21, 1929, plaintiff entered the building as an invitee to purchase merchandise. She alleged that while walking along one of the hallways she slipped and fell by reason of the negligence of the defendant.
The testimony shows that the hallway was covered with linoleum. Plaintiff testified that the same was polished and slippery and that at the place she fell water had collected. She noticed the water after the accident; but whether the
Defendant was under an obligation to exercise ordinary care for the safety of inyitees upon its premises (19 Cal. Jur., Negligence, sec. 55, p. 621); but it has been held that the mere fact that one slips and falls is insufficient to establish a prima, facie case against a defendant. (Mautino v. Sutter Hospital Assn., 211 Cal. 556 [296 Pac. 76] ; Wegener v. Foster, 120 Cal. 260 [8 Pac. (2d) 154]; Graham v. F. W. Woolworth Co., (Tex. Civ. App.) 277 S. W. 223; Parker v. Great Atlantic & Pacific Tea Co., 201 N. C. 691 [161 S. E. 209]; Tenbrink v. F. W. Woolworth Co., (R. I.) 153 Atl. 245; Chilberg v. Standard Furniture Co., 63 Wash. 414 [115 Pac. 837, 34 L. R. A. (N. S.) 1079]; Bowden v. S. H. Kress Co., 198 N. C. 559 [152 S. E. 625]; Spickernagle v. Woolworth Co., 236 Pa. 496 [84 Atl. 909, Ann. Cas. 1914A, 132].) However, the question whether the condition which caused the injury had existed so long as to be discoverable by the defendant within a reasonable time is one for the jury (Bowden v. H. S. Kress Co., supra; Headington v. Central Building Co., 137 Kan. 350 [20 Pac. (2d) 816]; Robinson v. F. W. Woolworth Co., 80 Mont. 431 [261 Pac. 253]; Great Atlantic & Pacific Co. v. Weber, 51 Fed. (2d) 1051; De Velin v. Swanson, (R. I.) 72 Atl. 388; Brown v. Holzwasser, 108 Cal. App. 483 [291 Pac. 661]; Rea v. Southern Pac. Co., 105 Cal. App. 559 [288 Pac. 151]); and where there is testimony as to the conditions previous to the accident by persons who had also slipped on the same floor such testimony is evidence tending to show notice to the defendant of the dangerous condition. (Judson v. American Ry. Express Co., 242 Mass. 269 [136 N. E. 103];
The judgment is affirmed.
A petition for a rehearing of this cause was denied by the District Court of Appeal on August 9, 1934, and an application by appellant to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on September 6, 1934.