City of Madisonville v. Poole

Because I believe the majority opinion completely overlooks the significance of the controlling facts, and fails to apply the settled law governing a case of this kind, I feel impelled to set forth briefly my reasons for dissenting.

I. The opinion states, and there could be no disagreement on the proposition, that appellant had the positive duty of keeping those parts of the premises to which appel-lee was invited, or could reasonably be expected to use, in a reasonably safe condition. The irrefutable and dominant fact in the case is that appellee was neither invited nor could reasonably be…