Conroy v. Kleinman Realty Co.

Knutson, Chief Justice

(dissenting).

I respectfully dissent. The physical facts present two alternatives : Either plaintiff stepped into the dark room, in which event the step-in-the-dark rule applies, as the trial court held, or she did not step into the room, in which event any negligence of defendants, if there is such, could not possibly be a proximate cause of the injuries.

Otis, Justice

(dissenting).

I join in the dissent of the chief justice.

Me. Justice Kelly, not having been a member of this court at the time of the argument and submission, took no part in the consideration or decision of this case.