Vitt v. McDowell Motors, Inc.

The opinion of the court was delivered by

Price, J.:

This was an action to recover for personal injuries sustained by plaintiff, a business invitee, as a result of an explosion in defendant’s garage. Defendant’s demurrer to the second amended petition (hereafter referred to as the petition) was overruled, and it has appealed.

The question involved is whether the petition states facts sufficient to constitute a cause of action. From its allegations the following appear to be the facts:

Defendant was engaged in operating and maintaining a public garage and automobile dealership in the city of…