Berhow v. Kroack

The majority opinion treats plaintiff’s petition as purely negligence (tort) action *386and therefore regards the bailor-bailee relationship as wholly immaterial to the application of the tort principles involved. The rigid Aristotelian logic evidenced by the trial court and quoted by the majority is unnecessary and inappropriate to a case of this kind.

Had Berhow sued only the bailor Jens-vold it is inconceivable the resulting posture of the case would have generated this result. But because Berhow exercised his right to sue both Jensvold and Kroack, the driver of the colliding auto, it does not…