Rush (P) was a tenant of Commercial Realty Co. (D). P went to use the outhouse that D provided for its tenants and fell through a trap door in the floor and descended about nine feet into the accumulation at the bottom and had to be extricated by the use of a ladder. P sued D. P testified that the floor was in bad condition. D moved for a nonsuit and a directed verdict on the grounds that P had assumed the risk. D appealed the denial of its motions for a nonsuit and a directed verdict.

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