22 Ga. App. 717 | Ga. Ct. App. | 1918
Mrs. Sallie H.. Jones brought suit against Asa G. Candler Inc., for damages for personal injuriés alleged to have been sustained when she was visiting what is known as the Candler, building for the purpose of transacting certain business with a tenant of said building. The petition alleges, that the Candler Building has offices that are rented to various persons for business purposes, open to patrons of the persons renting offices therein and those who call to see them on business; that' as she was proceeding along the hallway on the sixth floor of the building, in prosecution of her business, and in front of Dr. Hansell Crenshaw’s office, the' hall at this point being somewhat dark and not well lighted, the plaintiff stumbled and fell over some scantlings or pieces of timber negligently allowed to be on the floor in the path of persons passing along the hall; that these pieces of timber .were left in the hall by employees of the defendant, engaged in' repairing Dr. Crenshaw’s office, and that the defendant was negligent in leaving said pieces of timber in the hall in a place where persons using the hall could stumble over them. The petition further sets out the extent of the injuries. Upon the conclusion of plaintiff’s 'testimony the trial judge granted a nonsuit, and to this judgment the plaintiff excepted. >
It is undisputed that the plaintiff went to Dr. Crenshaw’s office, not as a patient of his, but on business of her own. She went for the purpose of securing from him a contribution for a phonograph she was buying for the students of' Oglethorpe University. She went to his office to ask him to contribute to that fund. It is insisted by the defendant that the plaintiff was not in the building by the invitation of the owner of the building, either expressed or implied, but as a licensee only, and for that reason the owner
The rule is thus stated in 1 Thompson on Negligence, § 946: “As a general rule, the owner of private grounds is under no obligation to keep them in a safe condition for the benefit of trespassers, intruders, idlers, bare licensees, or others who come upon them, not by any invitation, express or implied, but for their own purposes, their pleasure, or to gratify' their curiosity, however innocent or laudable their purpose may be.” This writer further says (§ 9'87) : “But he [the owner] is under no such obligation towards those who elect to come upon his business premises, not for the purpose of doing such business with him as he invites the public to do, but for other purposes of their own. Such persons stand On 'the footing of trespassers or bare licensees, and, on a principle already considered, they take the premises as they find them; and if they are hurt in consequence of any defect in them, they cannot recover damages. Suppose, for example, that an accident due to a negligent defect in business premises, had happened to a book canvasser, or a life-insurance' agent, or a lightning-rod man,—clearly the conclusion of the law would be otherwise, on the ground that no implied invitation had been given to such a person to come upon the premises. Accordingly it has been held that one who for her own convenience'goes into a building containing offices, to obtain information, from an occupant in regard to a matter wholly disconnected with his business, or with the business of any occupant, or with the business;for which the building was used, or designed, is a mere licensee, and cannot recover from the owner of the building for personal injuries sustained by reason of its de
Under the undisputed facts of this case we think that the plaintiff when she entered this building was, a licensee only, and the defendant owed her no duty except not to injure her wantonly and wilfully after her presence became known. Possibly the owner must ‘also protect a licensee from such hidden perils' as pitfalls, mantraps, and the like, negligence in this respect being considered as equivalent to wantohness and wilfullness. See Rollestone v. Cassirer, 3 Ga. App. 161 (59 S. E. 442). That, however, does nOt enter into the instant case, as it is not predicated upon wantonness and wilfullness. The plaintiff clearly, therefore, was not entitled to recover, and the court did not err in granting a nonsuit. We have not 'Overlooked the cases cited by counsel for the plaintiff, all of which can be distinguished from the instant case. In the case of Atlanta Cotton-Seed Oil Mills v. Coffey, 80 Ga. 145 (4 S. E. 759, 12 Am. St. R. 244), the plaintiff went upon the premises of the oil-mills for the purpose of hauling away cottonseed hulls, and was there by the invitation, express or implied, of the defendant, and therefore was not a licensee. In the case of Archer v. Blalock, 97 Ga. 719 (25 S. E. 391), .the plaintiff, according to the allegations of the petition, entered the store for the purpose of trading, and of course was there on the implied invitation of the tenant and on business with the tenant and in which the tenant was interested, and therefore was not a licensee. In Rollestone v. Cassirer, supra,.it was held'that a drunk man entering a saloon was a licensee only. The suit was dismissed on general demurrer, and the judgment dismissing the petition was reversed upon the ground that, although the deceased was a licensee only, nevertheless the allegations of the petition made out a case of wanton and wilful injury,
We can not agree with the contention of the plaintiff that the nonsuit was improper because she proved her case as laid, under the principle stated in Kelly v. Strouse, 116 Ga. 872 (4-d), 883 (43 S. E. 280). From/the allegations of the petition, we think that the plaintiff puts her case upon the ground that she entered this building for the purpose of transacting business with a tenant of said building and as a patron of said tenant. She alleges that the building has offices that are rented to variohs persons for business purposes, and are open to patrons of the persons renting offices therein, and that she went into the building for the purpose of transacting certain business with a -tenant of the building. We think a fair construction of the petition is that she was there, not as a trespasser or licensee, but on business with the tenant in which the tenant was interested; that is, upon the invitation expressed or implied of the owner of the building. Furthermore, as above stated, the facts show that she could by the use of ordinary care have avoided the consequences of defendant’s negligence,-if indeed any negligence is shown on the part of defendant or his employees. That being true, she has failed to sustain the allegations of her -petition, and under the undisputed evidence the court did not err in granting a nonsuit. The judgment is .therefore
Affirmed.