Trowell v. Diamond Supply Co.

Carey, Judge:

Some contradictions exist in the testimony offered by the plaintiff. For purposes of the present motion, the state of facts most favorable to plaintiff will be accepted as true.

The deceased child’s mother and stepfather operate a restaurant and gasoline station on the west side of Highway 13. The property is improved with a single building facing east and about forty feet back from the road. The northerly part of the building is used as the family’s living quarters and the southerly part is occupied by the restaurant. There is a porch about nine feet wide which extends entirely…