Cutlip v. Lucky Stores, Inc.

The gambling instinct endemic to our former frontier society has been replaced by a quest for security with which onr contemporary society is identified. Even at law society is inclined toward certainty of result, not infrequently at the expense of unsurfeited recovery. Workmen’s Compensation, mandatory insurance programs and the trend toward no-fault insurance are but weathervanes of that direction. Even the “plea bargain” in criminal law has as its genesis the desire for a secure result for both the State and defendant in place of the element of chance inherent in a trial.

In retrospect,…