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Lubitz v. Wells
Connecticut Superior Court
113 A.2d 147 (1955)
Wells’s (defendant) eleven-year-old son, James, was playing in the backyard with Judith Lubitz (plaintiff), who was nine years old. James picked up a golf club that Wells had left lying on the ground and started to swing it at a stone when he struck Lubitz in the face with the golf club. Lubitz sued Wells for negligence. Lubitz claimed Wells knew or should have known that the golf club was on the ground. Lubitz further claimed that Wells knew or should have known that children would be playing with the golf club and could hurt other children with it. Additionally, Lubitz claimed that Wells should have removed the golf club from the backyard or warned James against using the club. Wells filed a demurrer to the allegations in the complaint in the Superior Court of Connecticut.
Rule of Law
Holding and Reasoning (Troland, J.)
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