Dym v. Merit Oil Corp.

Connecticut Superior Court

Dym v. Merit Oil Corp.

12 Conn. Super. Ct. 37

CourtConnecticut Superior Court

DecidedMarch 30, 1943

DocketFile No. 62184

StatusPublished

This text of 12 Conn. Super. Ct. 37 (Dym v. Merit Oil Corp.) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dym v. Merit Oil Corp., 12 Conn. Super. Ct. 37 (Colo. Ct. App. 1943).

Pincite

Opinion

The jury could have found from the evidence that exposed pits over four feet deep were maintained on premises of the defendant without being roped off or fenced in at night. The premises are at the corner of two busy streets near the center of a sizeable city. The court's conception of the duty owing to the public coincides with that which the jury evidently had. Unless the injured person were an evil intruder, it seems foolish to split hairs as to whether she was an invitee or technical trespasser where a defendant maintained premises in the condition that these admittedly were.

The motion to set aside is denied.

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The jury could have found from the evidence that exposed pits over four feet deep were maintained on premises of the defendant without being roped off or fenced in at night. The premises are at the corner of two busy streets near the center of a sizeable city. The court's conception of the duty owing to the public coincides with that which the jury evidently had. Unless the injured person were an evil intruder, it seems foolish to split hairs as to whether she was an invitee or technical trespasser where a defendant maintained premises in the condition that these admittedly were.

The motion to set aside is denied.

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Bluebook (online)

12 Conn. Super. Ct. 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dym-v-merit-oil-corp-connsuperct-1943.