Murray Biscuit Co. v. Hutto

Qtttt’.t.tan; Judge.'

The ■ appellant contends the petition shows 'the plaintiff to be a trespasser1 to whom- it owed no duty in the 'absence of actual knowledge1 of his -perilous- position. ■ It is -further- argued that the action was predicated uipon-- ordinary or simple negligence-which is a-lesser degree of negligence'than *872is required in order to permit a recovery for injuries to a. trespasser. For these reasons it is insisted the general demurrer should have been sustained.

With this contention we cannot agree. Here, the petition alleged: “By virtue of the custom, intents and purposes of-…