Loucas v. Glen Oaks Village, Inc.

Plaintiff, a business visitor on defendant’s premises, was injured when, in the nighttime, he tripped and fell over a low-wire fence on the lawn. He had left the path from defendant’s building to the street and had entered upon the lawn to retrieve his hat, which had blown off. The fence, composed of two crossed strands of wire, was inside the lawn area and about 10 feet from the edge of the path. The learned Trial Justice, after instructing the jury as to the difference between an invitee and a licensee and as to the distinction in the duty owed by defendant in each instance, charged in…