Conway v Grayson

• Jurisdiction: Ireland
• Judgment Date: 01 January 1965
• Date: 01 January 1965
• Court: Supreme Court

(S.C.)

Conway

and

Grayson

Area of invitation - Implied invitation - Judge's ruling on questions to be left to jury - Whether trial unsatisfactory.

The plaintiff, a dealer in scrap metal, had been a customer for several years of the defendant firm in connection with the repairing or servicing of electrical equipment for motor vehicles. Some days prior to the 12th May, 1961, the plaintiff brought to the defendant firm a battery for the purpose of having it charged. While there he asked the manager of the firm if he had any scrap of copper wire for sale. The plaintiff returned on the 12th May to collect the battery and the topic of the copper wire was again raised and it was agreed that it would be made available to the plaintiff and that he could see and examine it. On this as on all previous occasions the plaintiff attended at the ground floor or shop portion of the defendant's premises which was accessible to the public by a door opening on to the street. The copper wire was stored in the loft at the entrance to which there was a notice: "strictly staff only". The manager, having obtained the key to the loft, returned to the shop premises and proceeded up the stairs to the loft. The plaintiff in his evidence said that the manager used the words: "Come on"or equivalent words, indicating that the plaintiff was to follow the manager up the stairs. The manager, in his evidence stated that he did not use such words but said to the plaintiff: "Do not follow me; go get your sack". He said that he did not invite the plaintiff to come up the stairs to the loft or say anything to encourage him to come there, nor was he aware at any time that the plaintiff was following him up the stairs and into the loft until the plaintiff fell through a glass panel in the floor of the loft suffering...