Bessette v. Ernsting

The opinion of the court was delivered by

Allen, J.:

This was an action for damages for personal injuries. The trial court sustained a demurrer to the evidence of the plaintiff. Plaintiff appeals.

The plaintiff is a sign painter. The defendant Ernsting was engaged in the soda-pop bottling business in Wichita. About two weeks prior to April 16, 1940, the defendant was moving his equipment into a vacant building in that city. Plaintiff knew the building had been vacant and when he saw a new tenant was moving in, stopped to solicit some sign-painting business. On April 16, 1940, in response to a…