Home/Supreme Court of Colorado/T. S. M. Corp. v. Hirth

T. S. M. Corp. v. Hirth

473 P.2d 707, 172 Colo. 361, 1970 Colo. LEXIS 729
Supreme Court of Colorado·Decided August 10, 1970·No. No. 22832·Published·Cited by 2 cases

Opinion

Opinion by

Mr. Justice Groves.

The defendant in error, as plaintiff, obtained a verdict in the amount of $16,000 against the defendant, the plaintiff in error here. The action involved personal injuries resulting from plaintiff’s fall down a stairway on defendant’s premises. We reverse, holding that the plaintiff was guilty of contributory negligence as a matter of law.

Defendant owned and operated a restaurant in downtown Denver known as the Gayety Inn. This establishment had a door in the rear at the alley through which customers passed on occasion. Plaintiff had made an exit from the restaurant through this door on at least one previous occasion. Until the time of the accident, he had not entered by this passageway.

On the afternoon in question, the plaintiff concluded to escort his wife into the restaurant for coffee, and they took the shortest route, which was by way of the alley entrance. There is a hallway immediately inside the alley door. As one entered this hallway a door at the top of an enclosed stairway leading to the basement would have been in front of him and a little to his right. In order to proceed into the restaurant one would go through a door and hallway immediately to the right of the stairway door. The stairway door opened inward. Plaintiff, thinking that he was proceeding into the dining area, opened the stairway door, stepped forward and fell down the stairs, sustaining the injuries for which he brought suit.

On the side of the stairway door facing the alley, there were affixed two signs which read “NO ADMITTANCE” and “KEEP OUT.” Immediately above these signs there had been painted in large letters two additional warnings: “NO ADMITTANCE” and “STEEP STAIRWAY.” These warnings were at or slightly above eye level. The following is a picture of the door as it then existed:

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T. S. M. Corp. v. Hirth, 473 P.2d 707, 172 Colo. 361, 1970 Colo. LEXIS 729 (Colo. 1970).

473 P.2d 707 (T. S. M. Corp. v. Hirth) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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