[Download] "Beitz v. Hereford" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: Beitz v. Hereford
- Author : Supreme Court of Kansas
- Release Date : January 08, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The opinion of the court was delivered by This was an action to recover damages for personal injuries.
Plaintiff prevailed and defendants appeal. Appellants, C.B. Hereford and R.T. Hereford, his son, were
partners doing business as The Hereford Motor Company. They were
engaged in the business of selling and repairing motor vehicles
in a building located on the southeast corner of the intersection
of Seventh and Merchant streets in the city of Emporia.
Appellants rented the building from its owner, Katherine White,
who under the terms of the lease was required to maintain the
repairs on the exterior of the building including the entrance
and exit doors. Emerson A. Rich was appellants' shop foreman and
Fred Fish was their assistant foreman. Rich had notified C.B.
Hereford the west entrance door to the building was out of
repair. On or about a week before April 2, 1947, C.B. Hereford in
turn notified C.C. Alexander, who looked after the repair of the
building for the owner, that the door needed repairs. Alexander
employed W.E. Beitz, appellee, to make the repairs. Appellee
drove to the building to inspect the door at approximately 9:00
a.m. on April 2. On his arrival he parked his car at the west
entrance door and to the north of the center of that door. He
entered the building but found neither of the Herefords present.
Rich, the shop foreman, was out testing an automobile on which
work had been done. Appellee notified Fish, the assistant
foreman, of his mission and Fish pointed out the west door as
being the one in need of repairs. It was a double door but in two
parts and so connected as to permit the doors to be opened
separately or the entire door to be rolled up overhead.