ยง

Hume v. Hart

109 Cal.App.2d 614 (Cal. Ct. App. 1952)
Hume v. Hart

1 Citing case

  1. Miller v. General Motors Corp.

    207 Ill. App. 3d 148 (Ill. App. Ct. 1990)   Cited 24 times
    In Miller, for example, the court held "as a matter of law" that the defendant owed the plaintiff only a duty to refrain from wilful and wanton conduct.

    Some courts reason that the presence of a trespasser is not to be anticipated, and hence a reasonable person does not need to take steps to protect that trespasser. ( Hume v. Hart (1952), 109 Cal.App.2d 614, 241 P.2d 25.) In many cases, this is no doubt true; however, while it is common knowledge that people do trespass upon the land of others, in most jurisdictions, the foreseeability of such general trespassing is said to impose no obligation. (Restatement (Second) of Torts ยง 333 (1965); Rowland v. Byrd (1938), 57 Ga. App. 390, 195 S.E. 458.)