In their respective briefs, the plaintiff asserts, and the defendant concedes, that the status of the plaintiff while on the land of the defendant was that of a licensee. On numerous occasions this court has indicated that the governing law in situations such as the present is well-expressed in 342 of the Restatement of the Law of Torts. Dougherty v. Graham, 161 Conn. 248, 251, 287 A.2d 382; Bears v. Hovey, 159 Conn. 358, 360-61, 269 A.2d 77; Sokoloski v. Pugliese, 149 Conn. 299, 301, 179 A.2d 603; Hennessey v. Hennessey, 145 Conn. 211, 213, 140 A.2d 473; Schiller v. Orange Hall Corporation, 144 Conn. 327, 329, 130 A.2d 798; Laube v. Stevenson, 137 Conn. 469, 474-75, 78 A.2d 693. That Section states that: "[a] possessor of land is subject to liability for bodily harm caused to gratuitous licensees by a natural or artificial condition thereon if, but only if, he (a) knows of the condition and realizes that it involves an unreasonable risk to them and has reason to believe that they will not discover the condition or realize the risk, and (b) invites or permits them to enter or remain upon the land, without exercising reasonable care (i) to make the condition reasonably safe, or (ii) to warn them of the condition and the risk involved therein." (Emphasis added.)
So far as the status of the decedent as an invitee or a licensee is concerned, the jury were fully and properly instructed as to the difference between them and the tests to be applied in the determination as to which of the two categories the decedent belonged under the circumstances as the jury might find them. Although the court did not use the technical term "licensee," it did correctly charge on the law which was applicable if the decedent had that status. The court, in its charge, correctly following the rule as laid down in such cases as Hennessey v. Hennessey, 145 Conn. 211, 213, 140 A.2d 473, and Sokoloski v. Pugliese, 149 Conn. 299, 301, 179 A.2d 603, instructed the jury that, if, under the circumstances, they found that the decedent fell in an area which was beyond that which the defendant might reasonably have contemplated would be used by her tenant in the use and enjoyment of the leased premises, there could be no recovery by the plaintiff and their verdict must be for the defendant. The verdict for the plaintiff, therefore, established that the decedent was not a licensee and that the duty owed to him by the defendant was the duty owed by the owner of premises to an invitee.