"The
plaintiff, George S. Henninger, complains of the defendant
Standard Oil Company of Indiana, and for cause of complaint,
alleges:
"That
upon December 30, 1930, the defendant was and ever since has
been a corporation, duly organized under the laws of the
State of Indiana, and was at said time, and ever since has
been, engaged in selling and marketing gasoline, oils and
other products to the general public throughout said state,
and at said time, and ever since, the defendant has
maintained various stations for the disposal of said
merchandise and products, called filling stations, throughout
said state, which filling stations are conveniently located
upon the public highways of the state and adjacent to the
streets of the various cities and towns in said state.
"That
upon December 30, 1930, the defendant owned, maintained and
operated a certain filling station located upon a lot at the
northeast corner of the intersection of Tenth and Cooner
Streets, in the city of Noblesville, said county and state,
where the defendant was engaged in selling gasoline, oil and
various products and as a part of the inducement held out to
the public and to induce people passing
said filling station to stop and purchase merchandise and
wares offered by the defendant, held out to the public by
various advertisements,
and signs that they would furnish road maps showing the
routes of the various highways in and throughout said state,
and that they would give out information pertaining to said
highways and routes, between the various cities and towns of
this state.
"That
the defendant also held out to the citizens of this state,
and to the persons passing said filling station, that said
filling station was equipped with toilet facilities and
invited the public generally, in-including this plaintiff, to
use the toilet facilities, and to use their road map service,
such as it was, and held out generally to the public, that
said accommodations would be furnished free of charge, to any
person or persons desiring to avail themselves of the same,
and that said filling station was a reasonably safe place for
those desiring to use the same for such purposes.
"That
in the rear of said filling station, the defendant maintained
a lavatory and toilet room, which was divided from the
storeroom of the defendant, which was in the front part of
said building, by a door, and near the door to said toilet,
the defendant also maintained a door of similar appearance,
leading to a very steep, dark, dangerous and treacherous
stairway, into the basement, under said building, and upon
said day, the defendant carelessly and negligently permitted
said door leading to said stairway to be unlocked and wholly
unguarded and at said time the plaintiff came upon said
premises, and into said store room of defendant, for the
purpose of gaining information as to the highways leading
north from the city of Noblesville, and for the purpose of
using the toilet in said building and after acquiring
information pertaining to the highways, which he desired, and
without any knowledge on the part of the plaintiff, of the
existence of said stairway and believing that the door
leading to said stairway was the door to the toilet, asked
permission to use the toilet, whereupon the defendants
servant, agent and employee, in charge of said station
indicated that plaintiff had permission to use said toilet;
that plaintiff, acting upon his said belief, and being
induced by the invitation extended to him by the
defendant's said servant, agent and
employee, opened the door leading to said stairway, and
stepped through the threshold of said door, and by reason of
the fact that the defendant had carelessly and negligently
failed to lock and guard said door leading to said stairway
and had carelessly and negligently failed to provide lights
or guards in and to said stairway, the plaintiff could not
see or realize the dangerous condition then and there
existing, and plaintiff immediately, without warning of said
danger, fell down said stairway into the basement, a distance
of to wit: more than seven feet, injuring, bruising and
contusing his head and scalp, bruising, wrenching and
spraining his right hip and back, breaking two of his teeth;
whereby he was crippled and disfigured, causing him great
nervous shock, pain and anguish; which said injuries are
permanent and were proximately caused by the negligence and
carelessness of the defendant, as herein alleged.
"That
on account of said injuries, the plaintiff had been compelled
to expend the sum of $ for medical attention and nursing...
