dissenting.
It is an astounding notion to me that the host of a party in his own home has no legal duty to take reasonable measures to protect his invited guests from blackguards who would batter them. He is, after all, in control of the place and the people. A guest has a right to expect that the host will demand that such conduct, upon coming to his attention, cease, and to take reasonable measures to enforce that demand. A guest is dependent upon the host's discrete knowledge of the place and the people for this degree of protection for his person and his property there present. It -is the relationship between persons which determines the legal duty, if any, of one to the other. Miller v. Griesel, (1974) 261 Ind. 604, 308 N.E.2d 701. That relationship here is such that it should give rise to a legal duty. I would hold that the trial court erred in dismissing appellants' complaint for failure to state a claim.