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eBook details

• Title: Steinmeyer v. Mcpherson
• Author : Supreme Court of Kansas
• Release Date : January 09, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The opinion of the court was delivered by The plaintiff appeals from an order sustaining a general
demurrer to his amended petition in which he sought to recover
damages for personal injuries. The part of the petition necessary for a review of the ruling
reads:

"The plaintiff, Victor Steinmeyer, is a resident of
Topeka, Shawnee County, Kansas.

"The defendants, C.M. McPherson and W.B. Nolan, are
residents of Topeka, Shawnee County, Kansas, and are,
and have been for many years, partners doing business
as Kansas Auto Wrecking Company. . . .

"The defendants use and occupy a tract of land at
634 West First Street in carrying on their business
as Kansas Auto Wrecking Company in which business
they buy and wreck old and used motor vehicles,
dismantle them, store various auto parts on the
premises and offer them for resale as used auto
parts. In connection with said business the
defendants keep watch dogs on the said premises to
protect their property against thieves and pilferers.

"The plaintiff has been acquainted with the
defendants for a number of years and has been a
business customer of the Kansas Auto Wrecking
Company. During the month of December, 1949, the
plaintiff and defendants orally agreed and arranged
that plaintiff would permit defendants to keep
plaintiff's dog on the premises at 634 West First
Street as a watch dog for the protection of
defendant's property.

"On the 28th day of December, 1949, the plaintiff
entered the premises of the defendants at 634 West
First Street, at a time when said premises were open
for business. He proceeded along a narrow pathway,
lined on either side with various and sundry used
auto parts stored on the premises, back to the place
where plaintiff's dog was being kept by defendants.
Plaintiff picked up a carton or box used as a food
box for said dog and started carrying it back along
said narrow pathway toward the defendants' business
office for the purpose of getting more food for said
dog. While walking back along said pathway, plaintiff
stepped into a small depression in which there was
some ice accumulated, and slipped and fell. In said
fall plaintiff's left foot and leg struck some
metallic auto parts which were stored along said
pathway, and plaintiff's left foot was severely
injured including a fracture of the interior malleous
and a fracture of the fibula at and just above the
ankle joint level; and also a fracture through the
posterior-inferior aspect of the tibia.

"After said fall and as a result thereof plaintiff
was taken in an ambulance to Vail Stormont Hospital
where his left foot and ankle were x-rayed and placed
in a cast. He remained at the hospital 5 days and was
then removed to his residence where he was confined
until the cast was removed about March 24, 1950.

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