Cunag v. McCarthy

ENGLISH, J,

dissenting:

I agree with the majority’s conclusion (contrary to the ruling of the trial court) that the evidence shows plaintiff to have been a social guest or licensee rather than an invitee. That being so, the general rule is that liability of the defendant would have to be predicated upon wilful or wanton misconduct if the Michigan common law were to be considered the same as that declared by the Illinois courts. (Biggs v. Bear, 320 Ill App 597, 599, 51 NE2d 799; Krantz v. Nichols, 11 Ill App2d 37, 135 NE2d 816; Royal League v. Kavanagh, 233 Ill 175, 180, 84 NE 178.)

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