Berge v. Harris

Being unable to agree with the reasoning or conclusion reached in Division II of the majority opinion regarding availability of the assumption of risk doctrine to defendant-Athletic Club, I therefore concur in part, dissent in part.

I. It is to me evident the majority here again unjustifiably extends assumption of risk when other courts are more realistically abandoning that concept. I am satisfied it should in any event be strictly limited to those cases in which plaintiff and defendant stand in a consensual relationship to each other, i. e., host-guest, master-servant, principal-agent cases,…