View opinion on Lexis Advance". . . . 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."
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:
Page 515
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.
WomenPeople 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.