This section contains the nature of the case and procedural background.

Weathers (D) operated a cigar stand and lunch counter in a building in the city of Wichita. Campbell (P) was a regular customer of P's for a number of years before this incident. P entered the place of business operated by D. He spent probably fifteen or twenty minutes in the front part of the building. D did not make a purchase and then started for the toilet. He stepped into an open trap door in the floor of the hallway, broke his right arm and sustained some other injuries. The toilet was open to the public. P sued Ds. D demurred to the evidence upon the ground it showed that if P sustained an injury, it was due to his own contributory negligence and not the negligence of D, the lessee. The trial court sustained D's demurrer to the evidence and P appealed.

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