MacLaughlin

MacLaughlin v. Hull

Good Law
87 F.2d 641·1937 U.S. App. LEXIS 2539
United States Court of Appeals for the Ninth CircuitJanuary 18, 1937No. 8253California2,742 words

Opinion

Lead Opinion

Wilbur, J.

The appellant was injured by a fall which occurred in the Olympic Hotel in Seattle, Wash., on the evening of February 25, 1935, at 10:30 p. m. She had attended a banquet in the Spanish ballroom of the hotel. The floor level of the Spanish ballroom was 18 inches above the floor, level of the women’s lounge, so that she was required to descend two steps, or three risers, in order to reach the floor of the women’s lounge. She fell from the top of these steps.

Appellant alleges that the difference in lighting and the furnishing of the two rooms was such that she failed to observe the steps and f,ell. She brought suit against the appellee who was managing the hotel, charging negligence in permitting an inherently dangerous condition to exist by reason of the defective lighting of the lounge, and also alleging a violation of the *643 city ordinance which required handrails. 1 The jury returned a verdict in favor of the defendant, the appellee. Appellant appeals from the judgment upon the ground that prejudicial errors were committed in the introduction of evidence and in instructions to the jury.

The Spanish ballroom was separated from the women’s lounge by a partition in which there…

Concurring Opinion

Haney, J.

(concurring).

I concur in the result only.

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