T. S. M. Corp. v. Hirth

Opinion by

Mr. Justice Groves.

The defendant in error, as plaintiff, obtained a verdict in the amount of $16,000 against the defendant, the plaintiff in error here. The action involved personal injuries resulting from plaintiff’s fall down a stairway on defendant’s premises. We reverse, holding that the plaintiff was guilty of contributory negligence as a matter of law.

Defendant owned and operated a restaurant in downtown Denver known as the Gayety Inn. This establishment had a door in the rear at the alley through which customers passed on occasion. Plaintiff had made an exit from the…