King v. Dawson

This is the third appeal in this case. 121 S. W. 917, and 171 S. W. 257. The case is fully stated in the two opinions on the former appeals. The two reversals took place because the trial judge failed and refused to submit questions of fact to the jury. The trial from which this appeal arises resulted in a verdict and judgment for appellee in the sum of $7,500. The cause was submitted on special issues.

The facts on the last appeal of this case indicated to this court, and it was so found, that in going upstairs through the hole that had been cut for a staircase “it was absolutely necessary to…