Foley v. F. W. Woolworth Co‪.‬

PIERCE, Justice. This is an action of tort, tried in the superior court to a jury, in which the plaintiff claimed that, while she was a customer in the defendants store and while she was walking down a stairway which led from the street floor to the basement, she slipped on a large area of foreign, slippery and slimy substance which the defendant permitted to be on a portion of said stairway, which condition it could have remedied by the exercise of reasonable diligence. At the trial there was a verdict for the plaintiff. The Judge reserved leave to direct a verdict for the defendant, and upon motion of the defendant that a verdict be entered for it in accordance with leave reserved, the Judge ordered a verdict for the defendant. The plaintiff excepted to this order, and the case comes before this court on all the evidence which is material to the issue of due care of the plaintiff and negligence of the defendant in its aspect most favorable to the plaintiff.