Owens v. Associated Realties Corp.
Owens v. Associated Realties Corp.
Opinion of the Court
The opinion of the court was delivered by
In this action the plaintiff recovered damages for injuries sustained by him while he was upon the amusement pier of the defendant, in Atlantic City, by coming into contact with certain high tension electric wires maintained in the cupola of the pier, as a result of which plaintiff’s body was burned.
The sole reason relied upon for reversal is the denial by the trial judge of motions for nonsuit and for direction of a verdict in favor of the defendant below, now plaintiff in error. These motions were rested upon the grounds—(a) that there was no evidence of negligence on the part of the defendant; (6) that the plaintiff was guilty of contributory negligence; and (c) that the plaintiff was a trespasser.
Plaintiff’s right to visit that part of the pier where he was injured must rest, if at all, upon an invitation, express or im
Since he there by defendant’s invitation, the lawr imposed upon the defendant the duty of exercising care for his safety while going about upon the pier within the scope of the invitation.
As to this, we think the evidence does not show a limitation of the invitation to the ground floor or to any other particular paid of the pier, but that it was open to the jury to find that it extended to the tower of the cupola.
There "was also, we think, clear evidence of negligence on the part of the defendant in permitting highly-charged electric wires to be in such a position that one going into the tower, as the plaintiff went, might come into contact with the wires and receive a harmful electric shock.
The question of plaintiff’s negligence likewise was at the utmost a question for the jury.
The judgment under review should be affirmed.
For reversal—Parker, Bergen, Yoorhees, Minturn, Yredenburgh, JJ. 5.
Reference
- Full Case Name
- WALTER L. OWENS, BY NEXT FRIEND, IN ERROR v. ASSOCIATED REALTIES CORPORATION (IMPLEADED, &c.), IN ERROR
- Cited By
- 1 case
- Status
- Published