Eugene J. Lussan v. Grain Dealers Mutual Insurance Company

JOHN R. BROWN, Circuit Judge.

This case presents the question whether an action which a human being would normally take may be considered by a jury to be that which the law’s ordinary prudent person would have taken under such circumstances.

What brings this all about was a wasp — or a bee — -it really doesn’t matter for bees and wasps are both of the order hymenoptera, and while a wasp, unlike the bee, is predacious in habit, both sting human beings, or humans fear they will. The wasp did not intrude upon a pastoral scene or disturb the tranquillity of nature’s order. What this wasp did —…