Benedict v. Podwats

This case concerns the basis of liability of possessors of land to a relative who is requested to come to their home to perform some household chores and is injured by reason of a condition on the premises. Since the fundamental facts are undisputed, I agree this basic question is one of law for the court. My disagreement with the majority stems from the adopted conclusion of the Appellate Division that the trial judge was correct in holding, upon denial of defendants’ motion for judgment at the close of the case and in his charge to the jury, that the injured plaintiff was an “invitee,” thus…