Staples v. Senders

On Rehearing

(101 P. (2d) 232)

LUSK, J.

The plaintiff recovered a judgment in the Circuit Court for personal injuries sustained when he fell through an open trapdoor on premises owned by the defendant and in the possession and control of a tenant of the defendant. Without passing on other questions presented in the record, we held, in a former opinion, that, if there was any negligence of the defendant shown, such negligence as a matter of law was not the proximate cause of the accident. We granted a rehearing because of certain evidence brought to our attention by counsel for the plaintiff,…