The former opinion in these cases dealt solely with the questions then raised by the motion to dismiss, i. e., (1) whether Mrs. Maher's status was that of invitee or licensee, and (2) whether the complaint showed any actionable negligence. The question of contributory negligence was neither raised by counsel nor discussed by the Court.
Mrs. Maher went to defendants' home in the evening of March 30, 1950...
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