Watson v. Drew

(concurring specially) :

I concur as to the conclusion but on factors decisively different from those expressed in the opinion.

The trial judge instructed the jury as follows:

“Assumption of risk is where a person voluntarily enters into a relationship or situation involving obvious danger, which he knew or should have known existed under all conditions, then obtaining; and this assumption relieves the defendant of responsibility.” (Emphasis added.)

The foregoing charge is not a correct statement or application of the law of assumption of risk doctrine. It was developed through an erroneous…