Cook v. 177 Granite Street, Inc.

If the plaintiff was an invitee, the defendant was under a duty to use due care to have the place safe. Frear v. Company, 83 N. H. 64, 68. If the plaintiff was a gratuitous licensee, the defendant “owed [her] only a limited duty of care.” Mitchell v. Legarsky, ante, 214, 216. “Use of the premises for one’s own personal benefit is what makes the user a licensee; while if the premises are used for the common interest and mutual advantage of both the user and the owner, by invitation expressed or implied, the user then becomes an invitee.” Hashim v. Chimiklis, 91 N. H. 456, 457. The plaintiff’s…