Brigman v. Fiske-Carter Construction Co.

The question is this: What duty did the defendant owe the plaintiff, Lucy Brigman, under the circumstances disclosed by the evidence?

The defendant contends that the plaintiff, Lucy Brigman, was a trespasser or a mere permissive licensee and relies upon the principle of law announced in the case of Sweeny v. Old Colony R. R., (Mass.). 10 Allen, 368; 87 American Decisions, 644, which is thus stated: “In order to maintain an action for an injury to person or property by reason of negligence or want of due care, there must be shown to exist some obligation or duty towards the plaintiff, which the…