Tenney v. Enkeball

LaPRADE, J.,

(Dissenting.) — I cannot agree with the majority decision in this case for the reasons hereafter set forth. Among other instructions, the court gave the following:

“You are instructed that the driver of an automobile, who knows that a person is riding on the fender of his automobile or truck, is under the duty not to expose such person to danger or injury. The driver is under the duty of exercising reasonable care and caution toward such person and this is particularly true if it is a child. So, in this case, if you find from the evidence that the driver of the truck knew that the…