Herinckx v. Hagen

I dissent from the majority opinion because the following facts lead me to the conclusion that the question of plaintiffs’ negligence was properly submitted to the jury and a new trial should not have been granted.

Defendant had been visiting friends on Aura Street. As he was leaving he noticed a large number of people who had been at the Pendleton Round-up turning into the street where his pickup truck was parked. The pickup truck was facing in the direction of the oncoming crowd. When plaintiffs walked past defendant’s pickup, defendant was standing with the car door open, saying good-bye to…