Ellison v. Alabama Marble Co.

The complaint shows that the deceased child was no more than a trespasser or mere licensee, was, at most, upon the defendant’s premises by bare sufferance.

“It is a principle of law, founded on reason as well as authorities, that where a landowner suffers persons to cross his lands without any express or implied invitation on his part, and such person wanders out of the beaten paths and falls into a pit, the landowner is without fault or blame, and cannot he made liable in damages.” Louisville & N. R. Co. v. Sides, 129 Ala. 399, 29 So. 798, 799.

Nor did the fact that people, including children,…