Lance Ex Rel. Lance v. Senior

This case is presented solely on the pleadings. The complaint recited that on August 14, 1964, the plaintiff, a nine-year-old hemophiliac, remained in the defendants’ home overnight as a guest and was in the exercise of the proper degree of care for his own safety. It alleged defendants knew of his blood condition but they negligently allowed him to play with a needle which was sucked into his lungs and caused him injuries. The complaint alleged only negligence. Defendants moved to dismiss the complaint on the ground that plaintiff, according to the allegations of the complaint, was a…