Nunnally v. Shockley

1. The petition does not show that the defendants had parted with possession of any part of their building. Hence, the defendants’ alleged liability is simply that of owners or occupiers of land to an invitee for “failure to exercise ordinary care in keeping the premises and approaches safe.” Code § 105-401. The petition alleges facts sufficient to raise a jury question as to whether the defendants breached their duty, to the plaintiff’s injury, and the court did not err in overruling the demurrer to the petition.

2. The evidence presents a case differing from that alleged. It appears that…