Whelan v. Van Natta
Kentucky Court of Appeals
382 S.W.2d 205 (Ky. App. 1964)
The plaintiff bought some cigarettes at the defendant’s grocery store and when the sale was completed asked the cashier if the store had any extra boxes. The cashier (defendant) told the plaintiff to go into the backroom and that he would find some boxes there. The plaintiff went into the backroom which was dark and fell down an unseen staircase. The plaintiff sued the store for negligence, claiming that he was an invitee. The trial court found that the plaintiff was a licensee, in favor of the defendant. The plaintiff appealed.
Rule of Law
Holding and Reasoning (Montgomery, J.)
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