24 S.E.2d 717 | Ga. Ct. App. | 1943
Where the operator of a retail mercantile establishment failed to exercise ordinary care in keeping such premises reasonably safe for the use of those who came upon them as invitees, and where such an invitee was injured by a patent defect in the premises, of which she had no actual knowledge, and which was not so conspicuous that she should in the exercise of ordinary care have seen it, it does not appear as a matter of law that the injured person was lacking in ordinary care in failing to observe the defect in time to avoid the injury.
The defendant demurred to the petition, on the ground that no cause of action was alleged. The court sustained this demurrer and dismissed the action, and the plaintiff excepted.
Except in plain and unmistakable cases, what does or does not constitute negligence is a matter for determination by a jury. The plaintiff alleged that the defendant was negligent in permitting to remain in the floor of a narrow aisle of the store, along which its customers, including the plaintiff, were likely to pass, a metal disk which had become so worn from constant use as to be smooth and slippery, of which the defendant had knowledge. "Where the owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries occasioned by his failure to exercise ordinary care in keeping the premises and approaches safe." Code, § 105-401. The operator of a retail mercantile establishment owes to those who come to his store to trade with him the duty of using the care and caution necessary to keep the store premises and approaches in a safe condition. Lake v. Cameron,
Judgment reversed. Sutton and Felton, JJ., concur.