Quimbee logo
DMCA.com Protection Status
From our private database of 16,800+ case briefs...

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 448,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 448,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial