Foster v. J. C. Penney Co.

Full title: Maude Foster, Appellee, v. J. C. Penney Company, Appellant

Court: Appellate Court of Illinois, First District

Date published: Oct 29, 1948

336 Ill. App. 352 (Ill. App. Ct. 1948)

83 N.E.2d 761

Opinion

Gen. No. 9,596. (Abstract of Decision.)

Opinion filed October 29, 1948 Rehearing denied February 3, 1949 Released for publication February 4, 1949

NEGLIGENCE, § 139^_ — direction of verdict in customer's action against storekeeper. Where customer suing operator of retail merchandising store for injuries allegedly sustained when customer fell on oiled floor after entering store during a rain failed to prove that operator had actual knowledge of any unsafe condition of floor at spot of fall, or that by exercise of reasonable care operator could have known of existence of any unsafe condition at that point at time of injury, operator was not liable to customer and trial court should have directed a verdict for operator at close of customer's case.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Sangamon county; the Hon. DEWITT S. CROW, Judge, presiding.

Judgment reversed. Heard in this court at the October term, 1948.

Earl S. Hodges, for appellant;

Duane L. Traynor, of counsel;

G.W. Horsley, for appellee.

Opinion by JUSTICE O'CONNOR.

Not to be published in full. Opinion filed October 29, 1948; rehearing denied February 3, 1949; released for publication February 4, 1949.