Carbone v. MacKchil Realty Corp.

I see no ground for reversal here. The jurors were instructed by the court that if they found that the infant plaintiffs were trespassers there could be no recovery. They were told further that, if plaintiffs were licensees, defendants would be liable only for “ active negligence ”. The verdict for plaintiffs thus imported findings by the jury that plaintiffs were not trespassers but licensees, and that defendants’ negligence was “ active ”. Both these conclusions were licit, on the proof here.

As to plaintiffs’ status as licensees there was, as Judge Lewis points out, evidence that children…