Campbell v. Weathers

111 P.2d 72, 1533 Kan. 316 (1941)

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Campbell v. Weathers

Supreme Court of Kansas
111 P.2d 72, 1533 Kan. 316 (1941)

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Facts

The plaintiff was a frequent customer of the defendant’s lunch counter/cigar stand (counter). On the day in question, the plaintiff loitered near the counter, but did not make a purchase. He then went to use the counter’s bathroom and in doing so, he stepped into a trap door and was injured. The plaintiff brought suit against the defendant for negligence, claiming that the plaintiff was an invitee of the defendant. The trial court sustained the defendant’s demurrer. The plaintiff appealed.

Rule of Law

Issue

Holding and Reasoning (Wedell, J.)

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