Gasch v. Rounds

Citations

• 93 Wash. 317
• 160 P. 962

Syllabus

<p>Appeal — Review—Pleadings—Amendments. Where a defective answer was treated as raising an issue which was fully tried out on appeal the pleadings will be considered as sufficient to present the issue.</p> <p>Negligence — Dangerous Premises — Licensees or Invitees — Evidence. Under the rule that an implied invitation to visit premises, as distinguished from mere license, requires mutuality of interest on the subject to which the visitor’s business relates, plaintiff, injured by falling into an unguarded pit at night, is a mere licensee and not an invitee, where it appears that on request he was accompanying another to make a purchase, who, on entering the building, suggested that plaintiff wait outside because of the darkness, thereby removing the status of invitee on the part of the plaintiff, who had no business of his own on the premises.</p> <p>Same — Contributory Negligence oe Trespassers. In such a case, the plaintiff, in disregarding the suggestion and advancing in the darkness without a light or any caution, and plunging at right angles from a straight passage, is guilty of contributory negligence as a matter of law.</p> <p>Same — Care Required as to Trespassers. The owner of premises owes no duty to a mere licensee who fell into an unguarded pit at night, except not to wantonly or willfully injure him.</p>