Malco Theatres, Inc. v. Murphy

This suit was brought in the eircuit court of Garland county by appellee against appellant to recover damages for an injury received by him through its alleged negligence in carelessly-permitting debris consisting of loose mortar, sand, ;etc.,- to accumulate on the sidewalk in the rear of its building, which was being reconstructed, so as to conceal a-barrel hoop that tripped appellee and caused him to fall.

Appellant answered, denying the alleged negligence on its part, -and pleading contributory negligence on the part of appellee.

The cause was submitted to a jury upon the pleadings,…