Wells v. Mayer

WELCH, V. C. J.

This is a suit for damages for personal injury. The cause was tried to a jury.

It is urged here that the trial court, erred in overruling defendants’ demurrer to the evidence, and that the verdict is not sustained by the evidence.

Plaintiff was a customer of the El Cantino Bar, and upon inquiry of the bartender of the location of the men’s toilet, was directed to the rear of the establishment. In following the directions he fell down an unlighted stairway and was injured. The argument upon appeal is to the effect that these defendants were not the operators of the bar at the time…