DeLay v. Braun

MOORE, P. J.

Prior to June 5, 1942, plaintiff’s daughter, Thelma Lloyd, consulted Helen Braun with reference to tutoring her niece, Darlene DeLay. On that day plaintiff, accompanied by her daughter, Mrs. Lloyd, and her granddaughter, Darlene, called at the home of defendants on Camarillo Street in Van Nuys, a part of greater Los Angeles. Her purpose then was to discuss further with Mrs. Braun the assistance to be rendered Darlene. Plaintiff left her automobile at the curb and entered the premises alone. Having reached the front porch by walking on the driveway she rang the doorbell. No one appearing, plaintiff stepped into the driveway which extends northerly along the east side of the house from the street to the garage in the rear. She took five or six steps toward the garage. At that point for the first time she saw defendant’s dog approaching her. It jumped upon plaintiff, knocked her down and with its teeth severely lacerated plaintiff’s hand and held it until in answer to her screams her two companions arrived.

The award of damages to plaintiff was based upon Act 384a, Deering’s General Laws [Stats. 1931, p. 1095], which provides that the owner of a dog shall be liable for damages suffered by a person who in any public place or while lawfully in a private place is bitten by the dog. No question is raised as to the amount of the judgment. Neither is the status of plaintiff’s presence on entering the premises put in doubt. The only contention made on this appeal is that plaintiff, in “strolling” along the driveway from the front porch toward the rear of the house, became a trespasser.

An entry upon the land of another is privileged insofar as it is pursuant to the possessor’s free consent. (See. 167

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Rest, of the Law of Torts.) The owner of land is ordinarily liable to an invitee for failure to use reasonable care for his safety. (16 Cal.Jur. 282.) “Every man by implication invites others to come to his house as they may have proper occasion.” (Cooley on Torts, fourth edition, see, 248.) One who enters premises pursuant to a general invitation to discuss employment is an invitee and entitled to protection as such. (45 C.J. 820.) When an invitee deviates from the purpose which took him to premises he becomes a trespasser or a licensee and the owner’s duty to exercise ordinary care as to him ceases.