Horton v. Nichols

Quiluian, Judge.

Enumeration of error 1 complains that the trial judge erred in overruling the general demurrer to the petition. With this contention we cannot agree. Code § 105-401 provides: “Where the owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries occasioned by his failure to exercise ordinary care in keeping the premises and approaches safe.” Under the facts alleged in the petition it cannot be held as a matter of law that the defendants were not aware…