Campbell v. Eubanks

Jordan, Judge.

1. It is contended by counsel for the defendant that the allegations of the petition and the evidence adduced on the trial of this case affirmatively disclosed that the plaintiff was merely a “social guest” in the home of the defendant and thus occupied the status of a licensee to whom the defendant would be liable only for the infliction of wilful or wanton injury. It is our opinion, however, that both the allegations of the petition and the evidence show a sufficient “mutuality of interest,” as that term is defined and applied in the decisions of this court in Flint River…