Freeze Ex Rel. Freeze v. Congleton

The sole question presented is whether the evidence offered by plaintiff is sufficient, when taken in the light most favorable to him, to support a finding of negligence on the part of defendant which proximately caused injury to plaintiff. 6 Strong, N.C. Index 2d, Negligence, § 30, p. 64.

Plaintiff concedes the general rule that a social guest in a home is a licensee and not an invitee. Murrell v. Handley, 245 N.C. 559, 96 S.E. 2d 717, and citations therein. However, plaintiff contends that where the guest is a child he should not be treated as a bare licensee.

The traditional treatment of…