Plaintiff, seeking employment, came onto the site of a road construction project under defendant's control as general contractor and posted by him with notices of construction and against trespassing. Plaintiff was struck by a materials truck backing, without lookout or warning, over the completed half of the road. On these facts the jury found that the truck was negligently operated and plaintiff prevailed. On appeal, held, affirmed. A contractor owes a duty of ordinary care to licensees in a case of "active," as distinguished from "passive" negligence. Evidence as to the mode of operating the truck and "likelihood" of plaintiff's presence in the position of peril was found sufficient to support the jury's findings. One judge dissented, on grounds, inter alia, that the truck driver "had no reason to anticipate" a licensee's presence in the path on the facts presented (notably the posted notices), and that the burden of warning thus imposed was "unreasonable." Potter Title and Trust Co. v. Young, 367 Pa. 239, 80 A. (2d) 76 (1951).
NEGLIGENCE-DUTY OF CARE-DUTY OF POSSESSOR OF LAND CONDUCTING ACTIVITIES THEREON TO KEEP A LOOKOUT FOR LICENSEES,
Mich. L. Rev.
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