Bowers v. City Bank Farmers Trust Co.

The infant-plaintiff, while at play with other children on the roof of a tenement house owned by the defendant trust company, was permanently injured when she fell through a skylight to a concrete surface six floors below. Her action for personal injuries thus sustained met with a nonsuit at Trial Term when, at the close of her evidence, the trial justice ruled as matter of law that at the time of her injuries plaintiff was not an invitee upon defendant’s premises but a bare licensee to whom the owner owed no greater duty than to refrain from intentional or wanton injury. (Fox v.…