Opinion
January 9, 1952.
Appeal from Supreme Court, Essex County.
Plaintiff, Amy Gough, was a paying guest at a square dance held in the hall of the defendant. While taking part in one of the square dances she fell and was injured. As a matter of law this plaintiff accepted the ordinary risks attendant upon dancing upon a floor prepared in the customary manner of dancing, but she did not accept the risk of dancing upon a floor that was excessively slippery. We think her proof raised an issue of fact as to whether the floor, in the vicinity where she fell, was excessively slippery; and also an issue of fact as to the defendant's responsibility. Hence, in our view, a nonsuit was improper. Judgment and order reversed on the law and facts and a new trial granted, with costs to the plaintiffs to abide the event. Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ., concur.