New York Court of Appeals

William Carbone, Jr., an Infant, by William Carbone, Sr., His Guardian Ad Litem, Respondents v. MacKchil…

January 16, 1947296 N.Y. 154

Summary

The Court reversed the lower courts' judgments and dismissed the complaints, holding that the defendants owed no duty of care to the infant plaintiffs who were bare licensees on the property, and therefore were not liable for negligence. The dissent argued that the defendants should be found liable for "active negligence" given their knowledge of children on the premises.