Kelley v. Alexander

BARROW, Justice.

This appeal relates to the volenti non fit injuria concept of assumed risk. Plaintiffs, Selma Kelley and husband, John Kelley, appeal from a summary judgment granted defendant, Mrs. Helen C. Alexander, d/b/a Beekman’s Roto-Rooter Sewer Service, in a suit to recover damages sustained by plaintiff Mrs. Kelley when she fell in a hole in her yard which had been dug by defendant’s employees. The motion for summary judgment was based on the pleadings and deposition of Mrs. Kelley. 1

On March 26, 1962, defendant was employed by plaintiffs to remove roots from a sewer line on…