The following excerpt is from Ehret v. Vill. of Scarsdale, 199 N.E. 56, 269 N.Y. 198 (N.Y. 1935):
Doubtless, at times, the relationship of parties may determine both the duty of one to the other and liability or immunity for wrong done. So an occupier or owner of land owes varying duties to trespassers, to licensees, and to persons upon the land on his invitation. Toward mere trespassers or bare licensees the rule is well settled that the only owing to them by the owner or occupier of land is to abstain from inflicting intentional, wanton or willful injuries. Mendelowitz v. Neisner, 258 N.Y. 181, 184, 179 N.E. 378, 379. That was said in a case where a trespasser was injured through the dangerous condition of the premises on which the plaintiff had entered without permission. That condition could cause injury only to those who come upon the land. An owner of land has a right to use his land as he sees fit, at least provided such use causes no danger to others. He may at his pleasure invite or exclude others. If without permission or exclusion a stranger unlawfully intrudes upon the land, he voluntarily exposes himself to the risk of unsafe conditions existing thereon or of dangerous activities conducted there. Cf. Pollock on the Law of Torts (13th Ed.) p. 182. In the present case the death of the plaintiff's intestate was due to a wrongful act of the owner of the land performed in a public street many months before the decedent trespassed upon the land. The rule that an owner of land is not liable to a trespasser upon his land for failure to exercise ordinary care should not be extended so far as to confer immunity upon the defendant for damages caused by his wrong under the circumstances shown here.
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