Keesecker v. G. M. McKelvey Co.

Since this cause is now here on its merits, the first and most important question engaging our attention is whether the defendant’s employee was a licensee or trespasser as a matter of law, or whether his status is a mixed question of law and fact and should be left to the determination of a jury under instructions from the court.

A “trespasser” may be defined as one who unauthorizedly goes upon the private premises of another without invitation or inducement, express or implied, but purely for bis own purposes or convenience; and where no mutuality of interest exists between him and the owner…