Supreme Court of North Carolina August 22, 1952 (Lee v. H. L. Green & Co.)

BaeNhill, J.,

dissenting: There is ample evidence in tbe record tending to show that tbe defendant’s basement floor was oily at tbe place where plaintiff says she fell, and that tbe oil proximately caused her fall. But bow long bad tbe oil been on tbe floor at tbe time of tbe accident ? This tbe record does not disclose. Who put tbe oil on tbe floor ? As to this tbe record is silent.