Miller v. Bart

The defendants argue that the court erred in overruling their general demurrers because the allegations of the petition show: (1) that the plaintiff could have avoided her injuries by exercising ordinary care for her own safety; (2) that, as an invitee, the plaintiff should have reasonably expected to find, on business premises, tools and equipment necessary to conduct the business; and (3) that recovery is sought upon inconsistent theories in a single count.

Addressing these contentions in reverse order, we find no such inconsistency in the allegations of the petition as appeared in the case…