LUBITZ V. WELLS
Sup. Ct. of Conn., 19 Conn. Sup. 322, 113 A.2d 147 (1955)
NATURE OF THE CASE: This was an action to recover damages for negligence.
FACTS: The father (D1) of J. Wells, Jr. (D2) left a golf club in his backyard. D2 was
eleven years old. D2 and Lubitz (P), a nine-year-old, were playing in D2's backyard when D2
picked up D1's club and swung it at a stone lying on the ground. The club hit P on the jaw.
D2 failed to warn P of his intention to swing the club which resulted in P's injuries. P
sued D2 for his negligence in hitting her and sued D1 for his negligence in leaving the club
where it was picked up. A demurrer to the complaint was upheld for D1 and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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