Smith v. United States

• Decision Date: 26 October 1953
• Docket Number: Civ. No. 31305.
• Parties: SMITH et al. v. UNITED STATES et al.
• Court: U.S. District Court — Northern District of California

117 F. Supp. 525

SMITH et al. v. UNITED STATES et al.

Civ. No. 31305.

United States District Court, N. D. California, S. D.

October 26, 1953.

Edward A. Martin, Robert M. Rigney, Kilbourne & Test, Berkeley, Cal., for plaintiffs.

Lloyd H. Burke, U. S. Atty., Frederick J. Woelflen, Asst. U. S. Atty., San Francisco, Cal., for defendants.

HAMLIN, District Judge.

The plaintiff Robert L. Smith, a boy of 15, was camping with relatives in the Arroyo Seco camp grounds when he was injured by a falling limb of a tree on or about July 5, 1951. The Arroyo Seco camp area is owned by the United States and is a part of the Los Padres National Forest located in Monterey County, California. The Arroyo Seco camp area contains about 25 campsites. Campers are permitted to take their pick of the available campsites, but are not permitted to camp out of the specified camping area. In the campsite area, water and stoves and benches are provided. Plaintiff was sleeping in one of these campsites in a sleeping bag when a limb of a tree fell upon him, seriously injuring his leg. The limb was approximately 8 to 10 inches in diameter and 6 to 8 feet long. He brought this suit against the government for damages. Alice J. Tilley, mother of the plaintiff, also sued for damages and loss of services.

The duty owed the plaintiff by the United States is to be determined by the law of California. 28 U.S.C. § 1346(b). Under the law of California the plaintiff was an invitee.

"In determining whether a particular person is a business visitor (or invitee) of a possessor of land, the important thing is the desire or willingness to receive that person which a reasonable man would understand as expressed by the words or other conduct of the possessor. * * *. The nature of the use to which the possessor puts his land is often sufficient to express to the reasonable understanding of the public or classes or members thereof a willingness or unwillingness to receive them." Restatement of Torts, § 332(b).

California follows the rule that a person on the land of another is an invitee if the owner or occupant held out an invitation or allurement which led the visitor to believe that the use made by him of the premises was in accordance with intention and design. Barker v. Southern Pacific Co., 1931, 118 Cal.App. 748, 5 P.2d 970, rehearing denied, 1931, 118 Cal.App. 748, 6 P.2d 982.

The cases cited by the defendant that use language implying that some financial benefit to the possessor must be found before a visitor is an invitee all deal with situations which are distinguishable. These cases state that the visitor must be on the land of the possessor on some financial business with the owner, or that there must be some contractual relationship between the parties in order for the visitor to be an invitee. Popejoy v. Hannon, 1951, 37 Cal. 2d 159, 231 P.2d 484; Aguilar v. Riverdale Cooperative Creamery Ass'n, 1930, 104 Cal.App. 263, 285 P. 889; Fraters v. Keeling, 1937, 20 Cal.App.2d 490, 67 P.2d 118, hearing denied by Supreme Court.

However, in these cases there was no express invitation to enter upon the land and the visitor was not putting the land to the use for which it was normally intended. In such instances the Court looked to the purpose of the visit to see if an invitation was implied. If an invitation was implied by the purpose for which the visitor went upon the land, the visitor would be an invitee. An implied invitation is found where the purpose of the visit is for the mutual benefit of the parties. But "all are invitees who are expressly invited, regardless of any question of benefit or advantage to the inviter, even though the invitation be not individual, but to the public generally." Borgnis v. California Oregon Power Co., 1927, 84 Cal. App. 465, 258 P. 394, 395, hearing denied by Supreme Court.

The evidence shows that there was an express invitation to the public to use these campsites. A booklet issued by the Forest Service of the Department of Agriculture says "Public Use of National Forests is Invited." This booklet contains a history and description of the Los Padres National Forest, is in general circulation, and expressly lists Arroyo Seco as one of the public camps. The evidence also shows that the uses to which the campsites were put by the plaintiff were in accord with their design and purpose.

The evidence would also indicate that there was an implied invitation to use the campsite area. The setting aside of particular campsites for the use of the public, providing the use of stoves and benches in each campsite, the bringing of water to each campsite, the...