Diver v. Singer Manufacturing Co.

Citations

• 205 Pa. 170
• 54 A. 718
• 1903 Pa. LEXIS 541

Syllabus

<p>Negligence — Master and servant — Oiling floor.</p> <p>In an action by an employee against her employer to recover damages for personal injuries, it appeared that plaintiff slipped and fell on a floor in her employer’s store. The room in -which she was working was a large room, lighted by three skylights, and was used by the clerks and as a showroom. It was near the middle of the building, and there was a clear passageway through it ten feet wide, extending from the front to the rear room. The floor was of Virginia pine, and was dressed with a preparation of oil commonly used on floors of the same kind. It had been cleaned and the dressing applied on Saturday afternoon after the store was closed, and had been rubbed carefully so that the floor would dry. When the store was opened on Monday morning, it was examined and found to be hard and dry. There was nothing unusual about the floor or the manner in which it was cared for. The dressing was of a kind in common use, and was applied in the usual way. The floor had been dressed in the same manner a month before, and had been used by the plaintiff and others without accident-. The passageway in which the plaintiff fell was unobstructed and thoroughly lighted, and there appears to have been only the usual danger in the use of oiled or polished floors. Held, that the plaintiff was not entitled to recover.</p>