Smith v. Board of Education

I must respectfully dissent from paragraph (3) of the syllabus and the• corresponding portion of the opinion. In my judgment, the court’s opinion misconceives the status of the plaintiff’s presence upon the school premises the night she was injured. For reasons hereafter stated, the plaintiff was an invitee and not a licensee.

The Community Center Room was located in the basement of the high school building in question. Access to the room from outside the building was gained through a ground-level entrance, and down a flight of stairs to the basement. The electric lights in the stairs leading…