Murphy v. Baltimore Gas & Electric Co.
Court of Appeals of Maryland
1Concurring in part, dissenting in part
*196 Davidson, J.,
concurring in part and dissenting in part:
In these cases, both of which deal with the status of injured parties who were trespassers, the majority refuses to abolish the common law distinctions in a landowner’s or occupier’s duty toward an invitee, licensee, or trespasser. Consequently, the majority refuses to apply the traditional principles of negligence, including the standard of reasonable care under all the circumstances, to trespassers. I respectfully dissent.
As long ago as 1959, the United States Supreme Court recognized the decreasing viability of the common law approach…
2Cases cited26 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Rowland v. ChristianCalifornia Supreme Court · 1968
- Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
- Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
- Cates v. Beauregard Electric Cooperative, Inc.Supreme Court of Louisiana · 1976
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