Evansville & Terre Haute Railroad Co. v. Griffin

Citation100 Ind. 221
Decision Date13 February 1885
Docket Number11,254
PartiesThe Evansville and Terre Haute Railroad Company v. Griffin
CourtSupreme Court of Indiana

From the Posey Circuit Court.

The judgment is reversed, with costs, with directions to sustain the demurrer to the complaint.

A Iglehart, J. E. Iglehart and E. Taylor, for appellant.

W. P Edson, for appellee.

OPINION

Mitchell J.

The complaint in this case charges that the Evansville and Terre Haute Railroad Company was "possessed" of a certain piece of ground lying in the western part of the city of Mount Vernon, which was uninclosed and which was traversed by a foot-path leading from the public street to a house situate on another piece of uninclosed ground adjoining it, and which was also in the possession of the railroad company. The complaint then avers, "that there was no public street, alley or way leading from the streets and alleys of said city to said house, and that the said path was the usual way of passing to and from said house; that the defendants, being so as aforesaid possessed of said piece of ground, wrongfully permitted a deep well which was thereon and near said path to be and remain open, uninclosed, unguarded and unsafe to persons, lawfully passing along said path, whereby, on the 9th day of December, 1882, shortly after it became dark, the plaintiff, who was a shoemaker at work at his trade in said city, while lawfully passing along said path from his work to said house, where he was boarding with the occupants thereof, who were tenants of the defendants, and without any negligence on his part, accidentally passed a short distance away from said path in the night time, as aforesaid, and fell into said well and was seriously injured and permanently disabled from working at his trade, whereby," etc.

One of the errors assigned here is, that the court erred in overruling the demurrer to the complaint. Whether this complaint is good or not must depend upon a consideration of two questions:

1. Taking the facts as stated, did the railroad company, in permitting its premises to be crossed in the manner stated, and in leaving the well into which the plaintiff fell uncovered, violate any legal duty or obligation which it owed him, of which he has the right to complain? and,

2. Was the appellee in the exercise of due care when he "accidentally passed a short distance away from said path in the night time" and fell into the well?

Before it can be affirmed that the appellant was negligent, with respect to the transaction concerning which its omission is imputed to it as wrongful, it must appear that it was under some legal duty or obligation to the plaintiff, at the time when and place where the injury occurred, which was left undischarged. If it is liable at all, this is the foundation upon which its liability rests.

The owner of premises is under no legal duty to keep them free from pitfalls or obstructions for the accommodation of persons who go upon or over them merely for their own convenience or pleasure, even where this is done with his permission. In such case the licensee goes there at his own risk, and, as has often before been said, enjoys the license with its concomitant perils.

If, however, the owner or occupant of lands, by any enticement, allurement or inducement, causes others to come upon or over his lands, then he assumes the obligation toward persons so coming, to provide a reasonably safe and suitable way for that purpose. An owner may not by invitation, either express or implied, induce another to come upon or pass over his premises, without keeping them in such condition of safety as to admit of his passing over by the means designated or prepared without injury, provided he uses due care. To make the owner or occupant liable for an injury received by one passing over his premises, something more than a mere passive acquiescence in the use of his land by others is necessary. So long as his lands are used by others, be it never so frequent, for their own convenience, he is not liable. But if, by some act or designation of his, persons are led to believe that a way or path over premises was intended to be used by travellers, or others having lawful occasion to go that way, then as to such persons the owner or occupant comes under an obligation to keep it free from dangerous obstructions or pitfalls which might cause them hurt. The inducement must be equivalent to an invitation, either express or implied; mere permission is not sufficient. Carleton v. Franconia Iron and Steel Co., 99 Mass. 216.

It does not...

To continue reading

Request your trial
127 cases
  • Princeton Coal Mining Co. v. Lawrence
    • United States
    • Supreme Court of Indiana
    • June 7, 1911
    ...Adm'r, 122 Ind. 588, 23 N. E. 675;Indiana, etc., Co. v. Barnhart, 115 Ind. 399, 409, 16 N. E. 121;Evansville, etc., Ry. v. Griffin, 100 Ind. 221, 50 Am. Rep. 783. It is finally contended that judgment should have been rendered for appellant upon the answers to the interrogatories. The latte......
  • Costello v. Farmers' Bank of Golden Valley
    • United States
    • United States State Supreme Court of North Dakota
    • April 24, 1916
    ......369; Thomp. Neg. 2d ed. 1050, note; Evansville & T. H. R. Co. v. Griffin,. 100 Ind. 221, 50 Am. Rep. 684; ......
  • Princeton Coal Mining Co. v. Lawrence
    • United States
    • Supreme Court of Indiana
    • June 7, 1911
    ......328, 2. N.E. 793; Stewart v. Terre Haute, etc., R. Co. (1885), 103 Ind. 44, 2 N.E. 208. . ...399, 409, 16. N.E. 121; Evansville, etc., R. Co. v. Griffin (1885), 100 Ind. 221, 50 Am. ......
  • Orcutt v. Century Building Co.
    • United States
    • United States State Supreme Court of Missouri
    • February 22, 1907
    ......152;. McGregor v. Reid, 178 Ill. 471; Griffin v. Manice, 166 N.Y. 197; Beidler v. Branshaw, 200. ...House Furn. Co., 165 Mo. 527;. Sluder v. Railroad, 88 S.W. 648; Schlereth v. Railroad, 96 Mo. 516; ... Cunard S. S. Co., 147 Mass. 66; Evansville v. Griffin, 100 Ind. 221; Sievers v. Peters Box & Lumber ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT