Wyant v. Lobdell

The trial court sustained defendant’s motion to dismiss the complaint on the ground that it did not state a claim on which relief could be granted.

The complaint alleged that plaintiff sustained bodily injuries when he fell on a ridge of ice and snow on the driveway of defendant’s home where he had come in his automobile at nighttime as defendant’s social guest. That earlier the same day (Christmas Day 1969) plaintiff was at defendant’s home and witnessed defendant removing ice and snow from his driveway. The complaint then alleged:

“6. That defendant invited plaintiff to return at or about…