CAMPBELL V. WEATHERS
Sup Ct. of Kan., 153 Kan. 316,111 P.2d 72 (1941)
NATURE OF THE CASE: Campbell (P) challenged an order, which sustained the demurrer of
Weathers (D), landlord and manager of a building housing and cigar and lunch shop, in P's
action against them for damages for personal injuries.
FACTS: Weathers (D) operated a cigar stand and lunch counter in a building in the city of
Wichita. Campbell (P) was a regular customer of P's for a number of years before this
incident. P entered the place of business operated by D. He spent probably fifteen or twenty
minutes in the front part of the building. D did not make a purchase, and then started for
the toilet. He stepped into an open trap door in the floor of the hallway, broke his right
arm and sustained some other injuries. The toilet was open to the public. P sued Ds. D
demurred to the evidence upon the ground it showed that if P sustained an injury it was due
to his own contributory negligence and not the negligence of D, the lessee. The trial court
sustained D's demurrer to the evidence and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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