Tenney v. Mobil Oil Corp.

Mrs. Tenney was on the premises of the defendant’s service station as an invitee, and thus the defendants owed her the duty of exercising ordinary care in keeping the premises and approaches safe. Code § 105-401. The plaintiff, at trial, contended that Mobil Oil failed in its duty. The only evidence presented to support this contention was that the plaintiff was in fact injured. Beyond that, there is no conflict in the evidence, nor any suggestion that the defendant was negligent. "The only evidence relied on . . . was entirely circumstantial and amounted to no more than the fact that the…