Torts II, Pages 513–515

Campbell v. Weathers

Supreme Court of Kansas, March 8, 1941

Facts:

Defendant operated a lunch counter and cigar stand in a rented location. Plaintiff entered defendant's business, loitered for 15–20 minutes, went to use the restroom, fell into an open trap door, and was injured.

Procedural History:

Trial court sustained defendant's demurrer to the evidence.

Issue:

What was the relationship between plaintiff and defendant?

Rule:

LexisNexis IconWestLaw LogoPage 515

". . . . If one goes into a store with the view of then, or at some other time, doing some business with the store, he is an invitee."

Reasoning:

  • Defendant's business was open to the public. Plaintiff had been a customer there for years as well, often using the toilet without being told that it was not for public use. Law requires them to have a bathroom for public use.

  • Women People often shop at stores for great lengths of time without making a purchase. Yet that trip may inspire them to make one on their next visit. It cannot be said that someone is not an invitee just because they have not yet made a purchase.

Holding:

Plaintiff was an invitee. Order sustaining the demurrer of lessee reversed.

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