Shinn v. Johnson

WILSON, J.

On plaintiff’s appeal from a judgment rendered in favor of defendants on their motion for a nonsuit consideration can be given only to the evidence most favorable to plaintiff’s cause of action, to every reasonable inference that may be drawn therefrom and to every presumption that can fairly arise in support of her allegations.

(Weck

v.

[663]

Los Angeles County Flood Control District,

80 Cal.App.2d 182, 190 [181 P.2d 935, 940] ;

Anthony

v.

Hobbie,

25 Cal.2d 814, 817 [155 P.2d 826] ;

Lashley

v.

Koerber,

26 Cal.2d 83, 84 [156 P.2d 441];

Wood

v.

Samaritan Institute,

26 Cal.2d 847, 849 [161 P.2d 556].) By reason of this rule we conclude that it was error to grant the motion for a nonsuit and that the issues should have been determined by findings of fact.

Defendant Johnson was the owner of a trailer park accommodating from 350 to 500 people including approximately 50 children of tender years. Defendant Shane was employed by Johnson as manager of the trailer park. Plaintiff and her husband rented space in the park for their trailer which they occupied at the time of the occurrence that is the basis of this action. Defendants maintained rest rooms or washrooms upon the premises for the benefit and common use of the patrons of the trailer park, each building having separate accommodations for men and women. In each rest room there were toilet facilities, hot and cold water for bathing, shower stalls and washbowls.

Plaintiff entered one of the rest rooms about 10:30 o’clock in the evening of the accident in question for the purpose of making her preparations for retiring for the night. She was attired in a rayon nightgown over which was a dotted swiss robe. There were three washbowls with a mirror over each available for her use. She chose the washbowl and mirror over which the light was brightest. While preparing her toilet she stood at a distance of approximately 14 inches from the front of an open-faced portable gas heater which was maintained by defendants for heating the rest room.