Mays

The plaintiff and appellant brought this action to recover damages for personal injuries alleged to have been suffered by him as the proximate result of a slip and fall on property known as Disneyland Park in Orange County in November 1955. Plaintiff alleged that he was on the property as a business invitee and that the defendant had negligently permitted "debris and foreign matter” to remain upon the surface of the premises, causing him to slip and fall. The defendant, Disneyland, Inc., in its answer denied generally the allegations of the complaint.

At the trial the parties stipulated that the matter first be tried with reference to liability and that the issue of damages be thereafter determined, in case liability was established. Accordingly, a jury was empanelled and evidence produced by both parties. The defendant moved for a nonsuit and later moved for a directed verdict, both of which motions were denied. The defendant also asked to be relieved from what was claimed to be an inadvertent admission at the pretrial hearing with reference to the status of the plaintiff upon the premises, which motion was likewise denied.

The ease was presented to the jury upon the issue of…