J. G. Christopher Co. v. Russell

Citations

• 63 Fla. 191

Syllabus

<p>1. Allegations that the defendant was engaged in the general machinery, supply and ship chandlery and hardware business and for that purpose had, and did business in certain store rooms in the City of J.; that said store rooms were open to the general public who were invited by defendant to enter said store rooms and buy goods and merchandise of defendant, and that plaintiff entered the store rooms for the purpose of buying rope and was examining rope with intent to purchase it, sufficiently show a relation of merchant and customer.</p> <p>2. Those who impliedly invite others upon their premises for purposes of lawful business, are by law required to have and keep the premises in a reasonably safe and suitable condition for the purposes of the particular business; and if a failure to observe this duty proximately causes injury to one lawfully on the premises in cnnection with the business, compensatory damages may be recovered if the injured person is not at fault.</p> <p>3. If the negligence of an injured person contributes in any appreciable degree to the injury received by him as a result of another’s mere negligence, damages cannot be recovered for the injury under the principles of the common law; and these jn'inciples have not been changed by statute in this State except as to injuries to persons and property caused by the running of locomotives, cars and machinery of railroad companies.</p> <p>4. The law contemplates tln\\t in any given case a normal adult person shall take due care of his own safety and protection, which is such care as an ordinarily prudent person would exercise under the circumstances.</p> <p>5. Where a normal adult person, while exercising such care for his own safety and protection as an ordinarily prudent person would do under the circumstances, is injured as the proximate result of the negligence of another, contributory negligence is not imputed to the injured person.</p> <p>6. One who conducts a store or place for the sale of good