C. A. Trussell Motor Co. v. Haygood

The plaintiff in error contends that the petition does not state a cause of action because, (1) it does not show that the defendant knew or should have known of the condition which allegedly caused the injury; and (2) it does not show why the plaintiff could not have discovered that condition and avoided the consequence resulting therefrom.

As to contention (1) above, the petition alleges: “The floor at the drain is approximately 1 inch lower than it is at the sides and end, and because of which is made an area dangerous to persons who go there for the transaction of business when the floor is…