Foley

Plaintiffs are husband and wife, and the action is by plaintiff, Mary Foley, for injuries received by her through the alleged negligence of the defendant. It appears from the complaint that the defendant is a merchant conducting business in the city of Bakersfield in a building situated on Chester Avenue. It is alleged that the place of defendant’s business consisted of a building, on the ground floor of which his general merchandise business was conducted, and to which access was had at the entrance on Chester Avenue. That there was a basement to the building about nine feet below the ground floor. That toward the rear of said ground floor there was a large hole or opening in which was an elevator used for the purpose of conveying goods to and from the basement to the ground floor, and was “so located that anyone entering said store for the purpose of making a purchase therein would be liable to fall into said hole or opening unless the same was properly provided with guards or the said opening was closed,” and that the said hole was dangerous to persons trading in or walking in or about said store. That on June 3, 1912, the plaintiff, Mary Foley, entered said defendant’s store…