Having canvassed the common law principles pertaining to occupiers’ liability, the trial judge found that the respondent was visiting the cemetery on legitimate business and was at law an invitee. In dealing with the duty of care owed by an occupier to an invitee, the trial judge then quoted the well known statement of Willes, J., in Indermaur v. Dames (1866) L.R. 1 C.P. 274, at page 288: “… With respect to such a visitor, at least, we consider it settled law that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger, which he knows or ought to know; and that, where there is evidence of neglect, the question whether such reasonable care has been taken, by notice, lighting, guarding, or otherwise, and whether there was contributory negligence in the sufferer, must be determined by a jury as a matter of fact.”
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