Where a substance, dangerous to the safety of customers is deposited on the floor of a grocery store, and an employee uses certain measures to remove such substance, places some obstruction about the area involved, leaves the place otherwise unguarded without other notice or warning of the presence of the dangerous condition still remaining, a factual issue is presented involving the negligence of the defendant, it being a question for the jury to determine whether the defendant used reasonable care to maintain its premises in a safe condition for its customers, and a trial court commits error, prejudicial to the plaintiff in instructing a verdict in favor of the defendant, at the conclusion of all the evidence in which the facts stated are shown to exist.
This is an appeal on questions of law from a judgment of the Common Pleas Court of Hamilton County entered in conformity to a verdict instructed for defendant, at the conclusion of all the evidence.
Certain facts are apparent from the record. The plaintiff was a customer of the defendant which operated a grocery store in which the customers served themselves. In process of acquiring certain articles which she desired to purchase, she proceeded down one of the aisles containing various types of saleable merchandise. She slipped and fell when her foot came in contact with a quantity of syrup spilled out of a broken glass bottle. Pieces of glass still remained in deposit of syrup on the floor. It is in evidence that an employee of the store had made some effort to clean up the syrup and had placed boxes about the area after so doing, and that no one was stationed nearby to warn customers of any danger existing in the area.
