McWilliam v. Phillips Petroleum, Inc.

Plaintiff was injured when a transom window in the restroom of a service station owned by defendant Phillips Petroleum, Inc., and leased to defendant Leland A. Prather fell and struck plaintiff on the head. The trial court granted a judgment of involuntary nonsuit in favor of Phillips and the jury returned a verdict in favor of plaintiff against defendant Prather. Plaintiff appeals from the judgment of nonsuit in favor of Phillips.

Defendant concedes that Phillips was owner of the service station which had been leased to Prather on May 16, 1970, on a per-gallon rental. The accident occurred on…