Meyer v. Gehl Co.

Fuchsberg, J. (dissenting).

I dissent because I believe that a quarter century of experience with the patent-danger rule has demonstrated beyond question that it arbitrarily closes the door on litigation of legitimate questions of fact in negligence, *762implied warranty and strict liability cases. The present case is a classic example of the injustice fostered by this rule.

Christopher Meyer, a six-year-old boy, was injured when he came in contact with the rear part of a hay "unloader wagon” which was being operated by his father at the farm of a neighbor who owned it. His hand got caught up in…