March 24, 2020

Lubitz v. Wells - 19 Conn.Sup. 322, 113 A.2d 147 (1955) - Supreme Court of Connecticut

FACTS: Wells left a golf club in the backyard and then his son hit the girl he was playing with with it by accident. 

HISTORY: Demurrer challenging the complaint against the father to hold him negligent. 

ISSUE: Was the father negligent in leaving the golf club in the backyard? 

HOLDING: No 

RATIONALE: The golf club is not obviously or intrinsically dangerous so as to hold it is negligence if it was left in the backyard. 

DISPOSITION: Demurrer is sustained.