Bailey v. Montgomery Ward and Company

The writer finds himself mildly in disagreement with the majority opinion, as to the result reached, but firmly in disagreement as to the reasoning used to reach that result.

The majority opinion overstates the evidence in favor of upsetting the decision below. The evidence as to the total use made of this toy by the two Bailey children is vaporous at best. It was first used by the younger child, Ricky, eight years of age, and the only testimony delineating the extent of this use is as follows:

“Q For how long did he play with it?

“A [The plaintiff’s mother] Not very long, I’m not sure how long.

“…