NEGLIGENCE-DUTY OF CARE-AUCTIONEER AS OWNER OR OCCUPIER OF LAND

Plaintiff, while attending an auction conducted by defendant, purchased a large kitchen cabinet. As her sons attempted to remove the cabinet, their negligent handling of the piece caused the top half to become dislodged and to fall on the plaintiff, injuring her seriously. Defendant, a veteran auctioneer, was in full control of the auction and the area in which the injury occurred, and had invited the public to attend by means of advertisements. He had offered the sons no assistance, nor had he given the crowd warning of their dangerous activity. On appeal from a judgment for plaintiff, held, affirmed. The supreme court said: For the purposes of the auction the defendant assumed the position of owner or occupier of the premises in question ; and Consequently the defendant owed her (his business invitee) the duty to use reasonable care to protect her against dangers reasonably to be apprehended. This duty was said to extend to all parts of the premises which he knew or should have known his invitees would customarily occupy. Blackman v. Rowe, (N.H. 1950) 72 A. (2d) 460