Winn v. Holmes

Plaintiff appeals from a judgment based upon an order sustaining, without leave to amend, a demurrer of defendant Jerry Holmes to her second amended complaint, hereinafter referred to as the complaint. The facts alleged therein are as follows: Defendants Holmes and Third Doe are the owners and operators of The Ranch House, a restaurant and eating establishment open to the public. At about 10:30 p. m. on November 27, 1953, plaintiff “was a guest and patron of said establishment,” and at that time and place and without any cause or provocation on her part, plaintiff was assaulted by defendants…