VAN ULM v. BERRINGTON

NEGLIGENCE, §§ 95, 97 — evidence defeating liability of defendants. Evidence warranted conclusion that plaintiff in action for injuries sustained when she fell through open trapdoor located in aisle behind counter in defendants' tavern was a trespasser, or at most a licensee, on that portion of premises where accident happened and that accident happened with proximate and concurring negligence of plaintiff; hence defendants were not liable for plaintiff's injuries.

Opinion by JUSTICE TUOHY.

Not to be published in full. Opinion filed April 4, 1949; rehearing denied April 29, 1949; released for publication May 17, 1949;