Neal, Admr. v. Home Builders, Inc.

Dissenting Opinion

Gilkison, J.

I am unable to agree with the majority opinion for the following reasons:

Of course, the general principles of law applicable to negligence cases, consuming many pages of the majority opinion, are correct. There is no reason for their incorporation in the opinion since there is no dispute concerning them. But I cannot agree with the statement making the law in Indiana, as follows:

“The general rule is that no different or higher duty exists with respect to an infant trespasser than would exist in the case of an adult trespasser, so that ordinarily1 there is no duty…