89 Minn. 241 | Minn. | 1903
Action to recover damages for personal injuries alleged to have been occasioned by the negligence of the defendants. At the close of the trial in the court below a verdict was directed for defendants, and plaintiff appealed from an order denying a new trial.
The principal question presented by the record in this court is whether the evidence made a case for the jury. The facts are as follows: Defendants are the owners of a two-story building at
The owner of real property is required by law to exercise reasonable care to keep his premises in safe condition for the benefit of those coming upon them by his express or implied invitation, and for a negligent failure to perform that duty, if injury result to a person lawfully thereon, he is liable in damages. The liability extends only to persons entering upon the premises by the express or implied invitation of the owner, or persons occupying the same, such as tenants, patrons-, and customers, and their servants and agents, and not to trespassers, intruders, or merely licensees.
The principal question in the case at bar is whether the evidence brings plaintiff within this rule — whether it shows that she was upon the premises at the point where the accident occurred by the express or implied invitation of defendants, and whether defendants owed her any duty in respect to the condition of their premises. We are of opinion that the evidence falls short in this respect, and that the trial court was justified in directing a verdict for the defendants. There is no evidence that the closet wras erected for the benefit of the members of the secret societies renting defendants’ hall; no evidence that the right to use it was included in the terms of the lease under which they were occupying it. The lease was not offered in evidence, nor any testimony given in respect to its terms or provisions. Neither is there any evidence that the members of the societies were in the habit of using the closet with the knowledge or consent of defendants. There is some evidence to the effect that members of the societies had gone to the closet on several occasions, but nothing to show that the defendants had notice of any such custom or practice. To charge defendants with liability in this case, it should appear that the use of the closet was either expressly or impliedly granted to the members of the secret societies; otherwise no duty devolved upon defendants to provide such members with safe passage to and from it. If the right had been expressly granted to the societies, it would extend, undoubtedly, to their guests, whether members or not, and would constitute an express permission to
Order affirmed.