Kuemmel v. Vradenburg

(dissenting) .

I am unable to concur in the opinion of the majority. Appellant, by the third and fourth paragraphs of his answer, plead the negligence of the parents in permitting their three-year-old son, Gregory Vraden-burg, to run ahead of them and to go into a place of danger as the sole proximate cause of his injuries. The trial judge sustained special exceptions to these two paragraphs. By trial amendment, appellant plead the act of the parents in permitting their three-year-old child to go into a place of danger as the sole proximate cause of his injuries, whether the act was one of…