Opinion

Laube v. Stevenson

  • 137 Conn. 469
  • 78 A.2d 693
  • 25 A.L.R. 2d 592
  • 1951 Conn. LEXIS 139
Court
Supreme Court of Connecticut
Filed
Jan 30, 1951
Status
Published
Author
O'Sullivan
On the bench
Baldwin, Brown, Inglis, Jennings, O'Sullivan
Cited by
59 cases

The opinion

O’Sullivan, J.

(dissenting). I agree with the result in so far as it imposes liability upon Mrs. Stevenson.

To the reasons expressed by Justice Jennings in his dissent, in which I concur, I would add that the majority are creating an anomaly which, it seems to me, cannot be sustained in logic. The following illustration is but one of many which might be cited to demonstrate my point. By virtue of the opinion, the law now appears to be that a guest in an automobile is an invitee, so-called, towards whom the host must exercise reasonable care, while the same guest, merely by stepping out of the automobile upon his host’s property, instantly loses his status as an invitee and acquires that of a licensee, protected by a far more limited standard of care than that to which he was entitled, seconds before, as a passenger in the automobile.

Regardless of the purpose which may prompt the owner of realty, he should be required to exercise reasonable care towards those who have come upon his property by virtue of either his express or his implied *478 invitation. This rule should apply to all so invited, whether they be milkmen, grocers, or social guests. The rule is. sound and conforms with common sense. It will eliminate the anomaly mentioned above. And, finally, it is supported by the Guilford case, which protestations to the contrary notwithstanding, is, I regret to say, now overruled.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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