Bohannon Ex Rel. Bohannon v. Leonard-Fitzpatrick-Mueller Stores Co.

J., concurring in dissent. Action to recover damages for personal injuries alleged to have been caused by the negligence of defendant.

The negligence alleged in the complaint is the maintenance of a stairway in a building occupied by the defendant, for the use of the public, with steps which plaintiff alleges were negligently constructed.

On 1 March, 1929, defendant, a corporation engaged in the retail mercantile business, under a lease from the owner was in possession of a building in the city of Winston-Salem, N.C. It occupied said building and operated therein a store for the sale of dry…