Bryant v. Rushing

On Motion for Rehearing.

The defendant contends that the plaintiff was a mere volunteer and therefore the defendant’s only duty was not to wilfully and wantonly injure him. While it is true the plaintiff did volunteer his assistance, the evidence shows that the defendant accepted the plaintiff’s help which action constituted an implied invitation. “An implied invitation is one whch is held to be extended by reason of the owner doing something or permitting something to be done which fairly indicates to the person entering that his entry and use of the property is consistent with the interests and purposes of the owner.” Coffer v. Bradshaw, 46 Ga. App. 143, 148 (167 SE 119); Anderson v. Cooper, 214 Ga. 164, 168 (104 SE2d 90); Handiboe v. McCarthy, 114 Ga. App. 541 (151 SE2d 905).

Motion denied.