Supreme Court of New Jersey, 1940

Carr v. Hagerich

Carr v. Hagerich
Supreme Court of New Jersey · Decided May 27, 1940 · Trenchabd, Bodine, Portee
13 A.2d 494; 125 N.J.L. 2; 1940 N.J. Sup. Ct. LEXIS 131 (Atlantic Reporter, Second Series)

Carr v. Hagerich

Opinion of the Court

Bodine, J.

There was error in the failure of the court to grant a non-suit or direct a verdict for the defendant. The liability of the owner or occupier of land to his. invitees is circumscribed by his invitation. Ryerson v. Bathgate, 67 N. J. L. 337; Guse v. Martin, 96 Id. 262; Carey v. Gray, 98 Id. 217; Gavin v. O'Connor, 99 Id. 162; Liveright v. Max Lifsitz Furniture Co., 117 Id. 243; Wright v. General Ceramics Co., 120 Id. 33.

There was no implied invitation to enter this tavern by a dark service entrance clearly marked with the words “Keep Out.” Hence, there was no duty owing to the plaintiffs save to refrain from causing willful injury.

The judgment is reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.