Murdock v. Petersen

OPINION

By the Court,

Merrill, J.:

On this appeal we are concerned with the question whether one gratuitously performing services for a home owner at the owner’s request and present in the home for that purpose, is an invitee of the owner or a mere licensee. We have concluded that under the facts of this case the visitor was an invitee.

This appeal is taken by the plaintiff below from judgment rendered in favor of defendant pursuant to jury verdict. Several assignments of error are made. We shall confine our consideration to one which we have concluded requires reversal. This error was in…