Hayes v. Kay

DAVISON, Justice.

This is an action for damages for personal injuries, brought by the plaintiff, Bertha B. Hayes, against the defendants, Lloyd J. Kay and Mary L. (Lee) Kay, d/b/a Kay’s Fine Foods or Kay’s Grill. The parties will be referred to as they appeared in the trial court. No consideration need be given other original defendants as to whom the case was dismissed.

The defendants operated a grill in Muskogee, Oklahoma. It was so constructed that along its south side there was a concrete walk seven inches above the parking area immediately south of the walk. The entrance to the cafe was in…