HONAN v. MOSS

No. 2945.

359 P.2d 1002 (1961)

John J. HONAN, Appellant (Plaintiff below), v. H. S. MOSS, d/b/a Moss Car Sales, Appellee (Defendant below).

Supreme Court of Wyoming.

February 27, 1961.


Attorney(s) appearing for the Case

Jones & Jones, William R. Jones, Wheatland, for appellant.

Milton R. Foe, Wheatland, and Yegge, Hall & Shulenburg, Raymond J. Connell, Denver, Colo., for appellee.

Before BLUME, C.J., and PARKER, HARNSBERGER, and McINTYRE, JJ.


Mr. Justice PARKER delivered the opinion of the court.

John J. Honan, while looking for a restroom when the car in which he was a passenger was stopped for service at the filling station of H.S. Moss, fell into an open grease pit and was injured. He brought suit for some $54,000, alleging that Moss had negligently left the pit uncovered and unguarded, causing plaintiff to fall into it and severely injure himself. Defendant denied generally, and in additional defenses...

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