Reese v. Abeles

Citations

• 100 Kan. 518
• 164 P. 1080
• 1917 Kan. LEXIS 363

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Merchant — Dangerous Stairway in Storeroom, — Duty of Merchant. A merchant is bound to maintain his storeroom in a reasonably safe condition for customers who come into it for the purpose of transacting business with him.</p> <p>2. Same — Fall into Open Stairway in Storeroom — Injuries—Liability of Merchant. The proprietor of a store is liable in damages to a customer who falls into an open stairway in the floor which is partially obscured in semidarkness caused by piles of merchandise stacked thereabout, when the customer went into the vicinity of the stairway to inspect certain shelf goods near by in response to a special invitation of the proprietor, who at the same time failed to give her a warning of the presence of the stairway.</p> <p>3. Same — Fall into Open Stairway • — Contributory Negligence. The plaintiff was present in the defendant’s store as a customer. Her attention was attracted to some goods on the shelves and she talked with the defendant about them. He said, “Just step around in there and look and you may find what you want back there; if you do, pick it out and I will make the price right.” The place indicated was dark, owing to stacks of goods near by. As the plaintiff walked in the direction indicated she fell through an open stairway in the floor, partially obscured by the darkness, and was injured. Held, that under the circumstances the plaintiff was not guilty of contributory negligence, and that the defendant was negligent in failing to warn the plaintiff of the presence of the open stairway.</p>