Conboy v. Osage Tribe No. 113

Opinion by

Mr. Justice Schaffer,

Plaintiff appeals from the refusal to take off a nonsuit entered against him in an action to recover damages for personal injuries. He was a member of a fraternal organization which rented a room in the third story of a building belonging to defendant and on the afternoon of the occurrence out of which this suit grows was attending a meeting therein.

He left the lodge room, which was lighted, between 5:40 and 5:45 P. M., intending to go to his home, passed through an anteroom which was dark, the lights not having been put on, and thence into a hall which he…