Smith v. Brown

This is an appeal by the plaintiff from a judgment of the circuit court which it entered in favor of the defendant after it had sustained the latter’s motion for a judgment of involuntary nonsuit. The basis of the allowance of the motion was a lack of evidence, so the trial judge ruled, to sustain the averments of negligence.

The defendant was the operator of a hotel in Klamath Falls. When the plaintiff was in the hotel February 12, 1958, she fell to the floor, due, so she claims, to a defect in a brief stairway which she was about to descend. The trial judge did not deem the brief stairway…