Kelley v. Black

Bell, Justice.

In determining whether the petition was good against general demurrer, we will consider first what duty, if any, was owed by the defendant to the plaintiff’s child, and this will in turn involve a consideration of the relationship that existed between them at the time the child was injured.

The case has been argued mainly upon the theory that the child was a licensee. We are of the opinion, however, that the allegations were sufficient to show that he was upon the premises as a matter of right, and therefore that the defendant owed him the duty of ordinary care. If the judgment…