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Kramer Service, Inc. v. Wilkins

Mississippi Supreme Court
186 So. 625 (Miss. 1939)


Facts

Wilkins (plaintiff) was a guest in a hotel owned by Kramer Service, Inc. (Kramer) (defendant). A piece of glass fell on Wilkins when he opened the door, cutting his forehead. When the wound did not heal two years after the injury, Wilkins went to a specialist and found skin cancer right where the cut was. Wilkins brought suit against Kramer for negligence and presented evidence that the door was in disrepair and the condition had lasted long enough to charge Kramer with notice of the defect. Two medical experts testified at trial. One stated that it was possible, but not probable that the cut caused the cancer. The other stated that there was no chance that the cut caused the cancer. The jury found in favor of Wilkins. Kramer appealed.

Rule of Law

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Issue

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Holding and Reasoning (Griffith, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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