Rawlins v. Pickren

• Decision Date: 10 May 1932
• Docket Number: 22135.
• Citation: 164 S.E. 223,45 Ga.App. 261
• Parties: RAWLINS v. PICKREN et al.
• Court: Georgia Court of Appeals

164 S.E. 223

45 Ga.App. 261

RAWLINS v. PICKREN et al.

No. 22135.

Court of Appeals of Georgia, First Division

May 10, 1932

Syllabus by Editorial Staff.

Generally owner has no obligation to keep private grounds in safe condition for trespassers and bare licensees.

This rule includes others who come upon the private grounds, not by any invitation, express or implied, but for their own purposes, their pleasure, or to gratify their curiosity however innocent or laudable their purpose may be.

Persons coming upon business premises for purposes not according with owner's invitation take premises as they find them.

Owner must refrain from willfully or wantonly injuring or recklessly exposing licensee to hidden perils, and must exercise ordinary care after licensee's presence is, or should be, discovered (Civ. Code 1910, § 4420).

Error from City Court of Eastman; Scott Russell, Judge pro hac.

Suit by W. T. Rawlins against W. L. Pickren and others. Judgment for defendants, and plaintiff brings error.

Affirmed.

D. E Griffin, of Fitzgerald, and J. H. Milner, of Eastman, for plaintiff in error.

Brock, Sparks & Russell, of Macon, and A. Russell Ross, of Eastman, for defendant in error.

Syllabus OPINION.

BROYLES C.J.

1. "As a general rule, the owner of private grounds is under no obligation to keep them in a safe condition for the benefit of trespassers, intruders, idlers, bare licensees, or others who come upon them, not by any invitation, express or implied, but for their own purposes, their pleasure, or to gratify their curiosity, however innocent or laudable their purpose may be." 1 Thompson on Negligence, § 946; Jones v. Asa G. Candler, Inc., 22 Ga.App. 717, 718 97 S.E. 112. While the owner or occupier of private grounds is under the duty to exercise ordinary care in keeping the premises and approaches thereto safe for those persons who come upon the grounds by express or implied invitation (Civ. Code, § 4420), "he is under no such obligation towards those who elect to come upon his business premises, not for the purpose of doing such business with him as he invites the public to do, but for other purposes of their own. Such persons stand on the footing of trespassers or bare licensees, and, on a principle already considered, they take the premises as they find them; and if they are hurt in consequence of any defect in them, they cannot recover damages." 1 Thompson on Negligence, § 987; Jones v. Candler, supra. See also Charleston & W. C. Ry. Co. v. Johnson, 1 Ga.App. 441, 443, 57 S.E. 1064; Rome...