Knight v. Moore

18 S.E.2d 266, 179 Va. 139, 1942 Va. LEXIS 206
CourtSupreme Court of Virginia
DecidedJanuary 19, 1942
DocketRecord No. 2432
StatusPublished
Cited by59 cases

This text of 18 S.E.2d 266 (Knight v. Moore) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knight v. Moore, 18 S.E.2d 266, 179 Va. 139, 1942 Va. LEXIS 206 (Va. 1942).

Opinion

Eggleston, J.,

delivered the opinion of the court.

The plaintiff in error, Louise Knight, an infant sixteen years of age, suing by her next friend, filed a notice of motion for judgment against the defendants in error, Ruth Friend Moore and R. D. Moore, to recover damages arising out of personal injuries claimed by her to have been received due to the negligence of the defendants while she was on their premises as an invitee. In a jury trial there was a verdict and judgment for the defendants which are here for review on a writ of error granted to the plaintiff below.

For convenience the parties will be referred to as the plaintiff and the defendants according to the positions occupied by them, respectively, in the lower court.

Since the principal contention is that the questions of the [143]*143alleged negligence of the defendants, and the contributory negligence of the plaintiff, were not fairly submitted to the jury in proper instructions, it will be necessary to state somewhat in detail the evidence submitted on behalf of the respective parties.

The defendants for a number of years have maintained and operated during the summer months, in Chesterfield county, Virginia, a lake for swimming and other aquatic sports. In and around the lake are a diving tower, springboards, slides, chutes and amusement devices such as are usually found at places of this character. This case involves the proper installation and operation of one of these popular devices.

Near the southwestern comer of the lake is located a tower which extends about twenty feet above the surface of the water. On this tower is a platform which is reached by a ladder leading perpendicularly down into the water. Two parallel wire cables, about four feet apart, extend from the top of the tower in an oblique angle eastwardly across the surface of the lake toward the eastern bank. There they are anchored so that they hang about twenty-four to thirty-six inches above the surface of the water at the edge of the lake. The tower and cables are anchored to the opposite or western shore of the lake by guy wires.

At the southeastern corner of the lake, a little to the north of the tower first described, is a similar tower with cables leading across the lake and anchored in the western bank. Patrons of the lake who desire to use these appliances climb from the water to the platform and by means of a trolley attached to the two cables coast down the incline of the slanting cables until they either disengage their hold and jump into the water or until their descent is brought to a stop by their striking the water near the edge of the lake.

At night the lake and the various devices are lighted by a number of floodlights located on high iron poles and focused on the lake.

Admission to the lake and the use of the various amusement devices are afforded upon the payment of a small entrance fee.

[144]*144On the night of July 27, 1938, the plaintiff, with several friends, went to the lake, paid the required admission, and obtained the privilege of using the lake and the various devices furnished there. After coasting down the cables on the southeastern tower toward the western bank, the plaintiff emerged from the water and walked in an easterly direction along a sand beach which extends along the southern edge of the lake. Upon reaching the eastern end of the beach, which terminates at the foot of a grassy slope, she stepped down about eighteen inches into the edge of the water, and while proceeding in a northerly direction along the eastern shore of the lake, tripped over one of the cables which ran from the tower located in the southwestern corner of the lake and was anchored in the eastern bank, as has been described. When she tripped over the first cable she fell forward and struck the companion cable and was injured. So far the facts áre undisputed. From here the evidence is highly conflicting and these issues were developed:

The plaintiff claims that at the time she tripped over the cable she was walking along what appeared to her to be a narrow walkway or beach bordering on the edge of the water, apparently designed and intended for the use of the patrons of the lake.

On the other hand, the defendants claim that the plaintiff was proceeding along what they term a “scum gutter,” which was obviously not intended as a walkway. They say that the plaintiff should have used the walkway which was located some five feet above the edge of the water and beyond the ends of the cables.

The plaintiff claims, and in this she is supported by several witnesses, that the ends of the cables which she struck were dark and discolored and were not easily discernible; that the area where the ends of the cables were anchored in the bank was unlighted; that the cables themselves were unguarded; and that there was nothing in the situation to warn her and the other patrons of the lake that she was in a dangerous area or one not intended for the use of the patrons.

The defendants’ witnesses say that the area where the cables [145]*145were anchored was brilliantly illuminated by surrounding floodlights, that the ends of the cables which the plaintiff struck were recently painted with aluminum paint, and that therefore, the situation was perfectly obvious and patent to the plaintiff had she been looking where she was going. They say at the time she struck the cable she was running or “trotting” with her head turned to the left and with her attention fixed on bathers in the lake.

The plaintiff, however, denies that she was running or “trotting,” and on the contrary says that she was walkng “like anyone would ordinarily walk down the street,” that she was looking where she was going, and that her attention was not momentarily diverted, as claimed by the other side.

The defendants further claim, and it does not seem to be disputed, that at the base of each tower, near the surface of the water, there is a painted sign which reads, “Danger—Cable Area.” This sign, however, is located some distance from the point where the cables are anchored in the bank, and some distance from the edge of the lake along which the plaintiff was proceeding at the time of her injury.

The gravamen of the plaintiff’s case is that the defendants were negligent in permitting the cables to extend across the walkway along the water’s edge, in failing to provide and maintain sufficient light to disclose the cables, and in faffing to provide at the place where the cables crossed the beach, any signs or danger signals warning the patrons of the situation.

The principles governing the liability of the owner of premises to an invitee, and which are applicable here, have been often stated by this court. They may be summarized as follows:

(1) The owner of premises is not an insurer of his invitee’s safety thereon. Turner v. Carneal, 156 Va. 889, 894, 159 S. E. 72. He must use ordinary care to render the premises reasonably safe for the invitee’s visit. Richmond & M. Ry. Co. v. Moore’s Adm’r, 94 Va. 493, 504, 27 S. E. 70, 37 L. R. A. 258; Williamson v. Wellman, 156 Va. 417, 424, 158 [146]*146S. E. 777; Raylass Chain Stores v. DeJarnette, 163 Va. 938, 943, 178 S. E. 34, 35.

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Cite This Page — Counsel Stack

Bluebook (online)
18 S.E.2d 266, 179 Va. 139, 1942 Va. LEXIS 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knight-v-moore-va-1942.