AUSTIN v. SMITH

No. 3951

311 P.2d 971 (1957)

Helen AUSTIN and Albert Austin, Appellants, v. Gordon SMITH, Lindsay Smith R. O'Malla, doing business as EL Capitan Club, Respondents.

Supreme Court of Nevada

May 29, 1957


Attorney(s) appearing for the Case

Harry D. Anderson, Reno, for Appellants.

Pike & McLaughlin and John W. Barrett, Thomas A. Cooke, Reno, for Respondents.


BADT, Chief Justice.

Mrs. Austin went to the toilet in the ladies' rest room at El Capitan Club at Hawthorne, sat upon the toilet seat, and when it suddenly slipped out from under her, she was precipitated into the bowl. In attempting to catch herself, she struck a projecting piece of plumbing and suffered personal injuries. The hinge screws holding the seat in place had been torn from the seat.

Upon completion of plaintiffs' case the court denied defendants...

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