Knutter v. Bakalarski

Both parties agree the issue is whether a volunteer fireman crossing a highway on foot while in the course of acting as a fireman engaged in a search for a reported fire is to be held to a lesser standard of care for his own safety than that which is imposed upon an ordinary highway pedestrian. A request for an instruction to the jury to that effect was made and refused by the trial court as being inapplicable on the facts. Although the finding by the trial court of negligence on the part of Alfred H. Knutter as a matter of law is not assigned as an error, the question of the standard of care…