Farmers' & Merchants' Warehouse Co. v. Perry

The first count of the complaint charges that defendant operated a public warehouse in Lineville for weighing and storing cotton; that plaintiff carried two bales of cotton to the warehouse to be weighed and stored; that “while plaintiff was walking in said warehouse he was suddenly precipitated or fell down through an elevator opening, in a dark place in said warehouse, and thereby” was injured, etc. It then avers “that defendant, its agents or servants, knowing the existence of the opening and that it was dangerous, failed to notify plaintiff, who was ignorant of the same.” It then avers…