California Court of Appeal August 7, 1941, Civ. 11513 (Muskin v. Gerun)

KNIGHT, J.

Plaintiff, a professional acrobatic dancer, while performing her act at a café owned and operated by defendants, became impaled on a large splinter on the floor; and she brought this action to recover damages for the injuries so received, which she alleged were sustained as a result of defendants’ negligence.