Rogers v. Hennessee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the “parties stand in an undisputed invitor-invitee relationship”
• upholding a demurrer to the plaintiff's evidence where there was “[n]o evidence tending to show that at the critical time and place the Owner had knowledge . . . of the offending defect or was negligent in failing to discover it”
• plaintiff can prove liability with evidence that the owner failed to exercise “due care to discover the [peril] on the premises in time to prevent the [invitee’s] exposure to danger or give warning of its presence”
• “An invitor cannot be held responsible unless it be shown that he/she had notice or could be charged with gaining knowledge of the condition in time sufficient to effect its removal or to give warning of its presence”

Source: CourtListener parenthetical corpus (CC0).