Porchey v. Kelling

Cast on demurrer to his third amended petition nisi, plaintiff appeals. Otto Porchey instituted the action as guardian of Dean Porchey, a person of unsound mind (for convenience referred to as plaintiff), against Al E. Kelling and The National Refining Company, a corporation, for $75,000 damages on account of injuries suffered by his ward when he fell into one of the grease pits on premises owned by said corporation and operated by said Kelling as a gasoline and oil service station. The question is whether defendants are liable. The extent of the injuries are not determinative. The material…