Hertz v. Advertiser Co.
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by Mrs. S. Hertz against the Advertiser Company. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by Mrs. S. Hertz against the Advertiser Company. Judgment for defendant, and plaintiff appeals. The case made by the record is thus stated by counsel for appellant: “Appellant sued appellee for damages occasioned by a fall she received while upon the premises of appellee by invitation; the fall being due to the alleged negligence of defendant in failure to use proper care and diligence to keep the building reasonably safe for plaintiff. The defendant pleaded not guilty and contributory negligence. “The evidence offered…
1Opinion of the CourtMaxeield, J.
It has been often said by this court that there is a general rule of society crystallized into law, which imposes a duty on the owner or controller of premises on which the public is expressly or impliedly invited to enter, that it shall be so constructed and kept as to be free from traps and pitfalls, and that the owner or controller must respond in damages for all injuries suffered by the public in consequence of a breach of this duty. The proposition was thus formulated by Stone, C. J., which has been repeatedly followed by this and other courts:
“There is a common duty resting on all…
2Cases cited10 opinions
- Lake Shore & Michigan Southern Railway Co. v. BodemerIllinois Supreme Court · 1892
- Montgomery & Eufaula Railway Co. v. ThompsonSupreme Court of Alabama · 1884
- Brugher v. . BuchtenkirchNew York Court of Appeals · 1901
- Hoyt v. WoodburyMassachusetts Supreme Judicial Court · 1909
- McNaughton v. Illinois Central Railway Co.Supreme Court of Iowa · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
- Reed v. L. Hammel Dry Goods Co.Supreme Court of Alabama · 1927
- Prudential Ins. Co. of America v. ZeidlerSupreme Court of Alabama · 1936
- Tempest v. RichardsonUtah Supreme Court · 1956
- Murray v. Alabama Power Co.Supreme Court of Alabama · 1982
18 more not listed; retrieve them via the Exa API.