AMERICAN LEGION &C. v. Simonton

1. The defendant, in support of its motions to dismiss, argues that Mrs. Marie Simonton occupied the position of a licensee and not an invitee, and that Code § 105-402, which would make it liable only for a wanton or wilful injury, applies to the present case and not Code § 105-401.

In order for Mrs. Marie Simonton to have occupied the position of an invitee on the defendant’s premises at the time she received her alleged injuries there must have been some mutuality of interest in the subject k> which her business related, although the particular thing which was the subject of the visit may…