Fraters v. Keeling

The plaintiff appeals from a judgment of dismissal following the action of the trial court in sustaining demurrers to plaintiff’s third amended complaint. The plaintiff was given leave to further amend his complaint, but declining to do so, judgment of dismissal followed in due course. The action is one for personal injuries suffered by the plaintiff when going upon the premises belonging to, and under the control of the defendants.

The appellant contends that at the time of the injury he occupied the status of an invitee in relation to the defendants. The defendants contend that at the time…