Brandt v. Richter

I respectfully dissent. The effect of the majority opinion is to obliterate negligence as a basis of liability in farm accident cases and replace this well-established doctrine and principle with strict or absolute liability. The substantial effect upon the farm employer is to require him to assume liability for all accidents involving his employees. The vehicle through which this far-reaching and questionable effect is achieved is by permitting jury consideration of the issue of negligence solely upon the opinion of a knowledgeable person that a farm operation or procedure is unsafe. In…