Negligence of Imposed Duties Personal

Cover Negligence of Imposed Duties Personal

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER III. INJURY TO LICENSEE OR INTRUDER ON PREMISES. See. 5. Duty of Keeping Premises Safe for Those Who Enter on Invitation upon One's Land. See. 6. Must Avoid Affirmative Negligence toward Licensee. See. 7. Actual or 'Constructive Intent to Injure Intruders must Appear. See. 8. Duty of Occupier of Premises Adj

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oining Street.? Attracting Children from the Public Street, or Adjacent thereto, into Danger. Section 5.?Duty of Keeping Premises Safe for Those Who Enter on Invitation upon One's Land. The common law or statute provides ample remedies for every injury the owner of land may sustain by unlawful entry upon his premises. An action for damages may be sustained against a mau for the damages done by himself or his cattle, or the cattle may be distrained (but not killed or wounded) for the damage done. But where the owner or occupier of land, in the prosecution of his own purposes or business, or of a purpose or business in which there is a common interest, invites another, either expressly or impliedly, to come upon his premises, he cannot with impunity expose him to unreasonable or concealed dangers, as, for example, from an open trap in a passageway.' The duty in this case is founded upon the plainest principles of justice. The keeper of a public place of business is bound to keep his premises, and the passageways to and from them, in safe condition, and use ordinary care, to avoid accidents or injury to those properly entering upon his premises on business.' But this rule only applies to such parts of the building as are a part of, or used to gain access to, or constitute a passageway to and from, the business portion of the building, and not to such parts of the building as areused for the private purposes of the owner, unless the party injured has bee...

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