Laube v. Stevenson
Laube v. Stevenson
Opinion of the Court
The plaintiff brought this action against her daughter and the latter’s husband to recover for personal injuries sustained by a fall on a cellar stairway in the defendants’ home, alleged to have been due to their negligence. Judgment was rendered for the plaintiff against both defendants and they have appealed.
This summary of the court’s finding as modified by us is sufficient to present the questions determinative of the appeal: The defendants owned a one-family house in Naugatuck where they lived with their infant child. A stairway led from the kitchen to the cellar. On January 27, 1949, the upper portion of the
Upon her occasional visits with the defendants in response to their standing invitation, the plaintiff, who lived in White Plains, New York, assisted with the household duties and the care of the baby. During such a visit, in the early afternoon of January 27, 1949, the defendant wife, while in the yard, asked the plaintiff to go down the cellar stairs to get a blanket and to bring it to her for the baby. The plaintiff had used the stairs but once, a year and a half before, and had no knowledge of the existence of the dangerous condition described above. Although the defendants knew of this condition and also that the plaintiff was not aware of it, neither of them gave her any warning. The plaintiff had no occasion or desire to go down the stairway and would not have done so except for the specific request made by the defendant wife. Pursuant thereto, the plaintiff opened the door to the cellar and found that the landing and the top of the stairs could not be illuminated by artificial light. Although by reason of such light as came through the opened door and from
She proceeded carefully onto the landing and felt for a handrail. For lack of it, she tried to steady herself by putting a hand on the wall, but without success, for her right hand came in contact with the vacuum cleaner, and her left with the ironing board; neither gave her firm support. She then stepped from the landing onto the step below. The sole of her shoe struck the break in the nosing and she was thrown violently to the bottom of the stairs, sustaining the serious injuries complained of. The defendants could not reasonably have assumed that the plaintiff knew of or by a reasonable use of her faculties would observe the defective conditions described.
Upon these facts, the court was warranted in its conclusion that the defendants had sustained neither the defense of assumption of the risk nor that of contributory negligence. It further concluded that the defendants are hable to the plaintiff, whether she is held to have been an invitee or merely a licensee, as the defendants concede she was. Upon the facts found, her visit can only be characterized as social. For reasons which we will explain, it becomes necessary first to determine whether or not the plaintiff was what is termed, an invitee, that is, a business visitor. If she was, the defendants are liable to her for breach of their duty to her as such. Whether one who visits a defendant’s property for a purpose social in its nature as distinguished from a business purpose is an invitee and not a mere licensee is a question never passed upon by this court. There appears, however, to be a rather unusual unanimity of authority in other jurisdictions that such a visitor is a gratuitous licensee only and not a business visitor or invitee.
While the rule determinative of the landowner’s liability to a gratuitous licensee has been stated in varied terms in the different jurisdictions, as appears from the
The application of this principle to the pertinent facts found in the present case leaves no doubt that the defendant wife was liable for her failure to warn the plaintiff of the dangerous condition of the stairway. The defendant wife knew of the condition, as the plaintiff did not, and was charged with knowledge of the peril to the plaintiff if she used the stairs as requested. By the same reasoning, the defendant husband is in a different position. Since the plaintiff had no occasion to use the stairs and would not have used them but for the specific request of the defendant wife, and since it does not appear that the defendant husband had any knowledge that use of the stairs by the plaintiff was contemplated, or that his wife was his agent in making the request, he was under no liability to the plaintiff as a gratuitous licensee.
Our decision in Guilford v. Yale University, 128 Conn. 449, 23 A. 2d 917, is not in conflict with that reached in the instant case, although the statement on page 452, “If one comes upon the land of another by that other’s invitation, he is entitled to the protection of an invitee,” is too broad, as is apparent from the rule herein declared. The ratio decidendi in that case was simply that the jury were warranted upon the evidence in concluding that the plaintiff, in response to the defendant’s implied invitation, was a business visitor or invitee at the time of his injury. Under our decisions, the owner of an automobile is held to a duty of reason
There is error, the judgment is set aside and the case is remanded with direction to render judgment as on file except as modified to accord with this opinion.
In this opinion Baldwin and Inglis, Js., concurred.
Dissenting Opinion
(dissenting). Guilford v. Yale University, 128 Conn. 449, 23 A. 2d 917, was carefully considered, and this court unanimously approved a holding that the question whether a social visitor was a licensee or an invitee was one of fact. The circumstances in the case at bar were entirely different from those in the Guilford case but seem to me to be governed by the same principle. The matter is well summed up by Sir
Dissenting Opinion
(dissenting). I agree with the result in so far as it imposes liability upon Mrs. Stevenson.
To the reasons expressed by Justice Jennings in his dissent, in which I concur, I would add that the majority are creating an anomaly which, it seems to me, cannot be sustained in logic. The following illustration is but one of many which might be cited to demonstrate my point. By virtue of the opinion, the law now appears to be that a guest in an automobile is an invitee, so-called, towards whom the host must exercise reasonable care, while the same guest, merely by stepping out of the automobile upon his host’s property, instantly loses his status as an invitee and acquires that of a licensee, protected by a far more limited standard of care than that to which he was entitled, seconds before, as a passenger in the automobile.
Regardless of the purpose which may prompt the owner of realty, he should be required to exercise reasonable care towards those who have come upon his property by virtue of either his express or his implied
Reference
- Full Case Name
- Estelle Laube v. Albert Stevenson Et Al.
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- 64 cases
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- Published