Charles F. Krause, Administrator, Etc. v. Lucien Andre Chartier

I dissent from only that part of the court’s opinion relating to assumption of risk. I do so, not because the court has not devised an approach consistent with fairness under the circumstances of this case, but because I feel that such an approach is not consistent with such Rhode Island law as has been called to our attention.

To begin with, the res ipsa bridge has been crossed in this case. Perhaps it *902should not have been. But that the jury was allowed, without objection, to resort to this doctrine, seems to me an inadequate reason for attempting to even the scales by refusing to apply Rhode…