Campbell v. Sutliff

Stevens, J.(1) The case was tried upon the theory that plaintiff was an invitee and entitled to protection as such. Appellant contends that plaintiff was a mere licensee who was obliged to take the premises as he found them and that appellant owed him no duty except that of refraining from active negligence rendering the premises dangerous.

“The principle appears to be that invitation is inferred where there is a common interest or mutual advantage, while a license is inferred where the object is the mere pleasure or benefit of the person using it.” Hupfer v. National D. Co. 114 Wis. 279, 284,…