Whelan v. Van Natta

MONTGOMERY, Judge.

Thomas A. Whelan sued Clarence E. Van Natta, doing business as Van Natta Grocery, for damages resulting from injuries sustained when he fell into an open stair well in the floor of Van Natta’s grocery. Whelan appeals from a judgment in favor of Van Natta. He contends that he was an invitee on the premises and was entitled to be warned of the danger and that he was not contributorily negligent.

Appellee conducted a grocery in a converted house in Louisville. The partitions had been removed. A wall divided the front part of the building from a storage room in the rear. A…