In Girvetz v. The Boy's Market, Inc. (1949) 91 Cal.App.2d 827, the plaintiff slipped on a banana in a grocery store. The only evidence relevant to notice was that a customer had seen the banana on the floor a minute and a half before the accident. The court affirmed judgment for the defendant notwithstanding the jury verdict for the plaintiff, holding that the evidence was insufficient to support an inference that the store owner had constructive notice. The court noted that it was "entirely possible that the banana had been on the floor for a half hour or more, but to uphold a verdict based on that possibility would be to fix liability not upon evidence, but upon surmise and conjecture," and that to impose a duty to discover the dropped banana within a minute and a half would be a duty of " 'utmost' " rather than " 'ordinary' " care. (Id. at pp. 831-832.)