A former customer received permission to use the telephone in defendant's store, and, in leaving, slipped on a freshly waxed and improperly polished floor. It was held that the plaintiff enjoyed the status of an invitee, but that even as a licensee, when her presence in the store was known, her status would result in the creation of a duty to avoid injuring her by a positive act of negligence or by a failure of duty equivalent to such an act; and the failure to warn her of the condition of the floor would involve a breach of that duty. Wood v. Avery (Conn. 1931) 155 Atl. 502.

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