West v. Smith & Kelly Co.

The plaintiff, an itinerant mender of chairs, solicited and obtained from defendants a chair to mend, and was permitted to take it into the basement of defendants’ place of business to mend it. Rinding it necessary to attend a call of nature, he went to a lavatory situated on the ba.sement floor but on a somewhat higher level, and on leaving the lavatory his foot caught in a “split place” on one of the steps leading from the lavatory to the basement floor, and this caused him to stumble and fall, and he thereby received injuries, for which he sued. The court sustained a general demurrer to…