action, the injured party, Emily Waugh, was a citizen and resident of West Virginia. The defendant, The Duke Corporation, is a corporation organized and existing under and by virtue of the laws of the State of North Carolina and maintains its registered office in Durham, North Carolina. The action is for a sum in excess of $10,000.00.
2. Duke Motor Lodge, Inc., was an original party defendant but it was stipulated that the Duke Motor Lodge, Inc., was not a proper defendant and an order was issued dismissing said defendant as a party.
3. Samuel F. Gantt, a citizen and resident of the city and county of Durham, North Carolina, located within the Middle District of North Carolina, was appointed next friend of Emily S. Waugh and authorized to institutethis action in her behalf.
4. The defendant, The Duke Corporation, acquired ownership of the Duke Motor Lodge on April 28, 1960, and disposed of ownership thereof on December 31, 1963. The defendant was, therefore, the owner and operator of the motel on September 27, 1963, the date of the injury complained of in the complaint.
5. Duke Motor Lodge is located in Durham, North Carolina. Room 58 of the Duke Motor Lodge is one of a series of rooms of cinder block construction arranged in the shape of a "U" and partially enclosing a courtyard. Dual entranceways give access to room 58. One is in the west wall of the room and gives access to the motel parking area, hereinafter referred to as the "west door." The other is