Lamson & Sessions Bolt Co. v. McCarty

KNIGHT, Justice.

Suit by plaintiff to recover damages for personal injuries alleged to have been suffered by plaintiff while upon premises of defendant.

The complaint avers that plaintiff was upon premises of defendant as an invitee, and while there received his injuries as the proximate consequence of a negligent breach of duty owing by defendant to the plaintiff. Not only does the complaint allege in terms that the plaintiff was an invitee, but it alleges sufficient facts to show that he was in fact such invitee at the time the accident and injury occurred. Therefore, the complaint showed a…