Morse v. Sinclair Automobile Service Corp.

HUTCHESON, Circuit Judge.

The suit was for damages for the death of plaintiff’s daughter through the alleged negligence of defendant. The claim was that while in the act of leaving defendant’s premises where she had gone with Arthur Tolchin, one of its regular customers, to park his car, she was caused by the negligence of defendant to lose her footing and fall into a grease pit maintained by defendant for greasing automobiles.

The defense was that the decedent was a mere licensee, to whom defendant owed no' duty of care, but only the duty to refrain from wantonly injuring her. In addition,…