Petree v. Davison-Paxon-Stokes Co.

(After stating the foregoing facts.)

It is insisted by the plaintiff in error that the child was an invitee, and by the defendant in error that it was a trespasser. We think, it -was neither, but rather a licensee. There is no allegation that the child was invited to the store, and no facts are set forth from which an invitation to a child of its age could be implied. The visit of the mother was for the purpose of making a purchase for herself and not for the child. Its presence was merely the choice of the mother, for the pleasure or convenience of herself or the child. The child did not go…