Carbone v. Mackchil Realty Corp.

Lawrence, J. (dissenting).

I dissent.

The problem involves the application of the rule regarding the duty, if any, of the defendants to the injured persons. Counsel are in agreement that the rule of responsibility of the owner of real property is substantially the same whether the injured persons were trespassers or mere gratuitous licensees, and that the only duty of such owner is to refrain from willful and intentional injury. The most favorable view which can be taken of the evidence is that the injured boys were gratuitous licensees. As to them the owner' of the premises is only chargeable…