Elebash v. Whitley

Hall, Judge.

The defendant in this negligence action appeals from a judgment overruling his general demurrers to the petition, which alleged the following facts: The plaintiff was an invitee in the defendant’s bowling alley. Unknown to the plaintiff, a cola liquid had been spilled on the mat at the vending machines and allowed to remain there by the defendant. The substance was not perceptible to the plaintiff except by very close inspection, due to the lighting and shadows and the fact that the coloring of the liquid blended with that of the mat. The liquid was spilled more than four hours…