Backer v. Pizza Inn, Inc.

Quillian, Chief Judge.

This is an action to recover for negligent injury.

Appellant Backer went to appellee Pizza Inn to pick up a pizza he had ordered. Appellee’s parking lot had a line of railroad cross-ties in front of the building to serve as a parking barrier. Cars parked perpendicular to the ties which prevented car wheels from going beyond the line of ties. The ties were dark in color, the front ends of cars projected over them when parked and the area was not well lighted. Appellant had been to appellee’s pizzaria once before in daylight and was aware of the line of ties. On the night…