Emerson v. Western Photomount Co.

Plaintiff brought this action to recover damages for personal injuries sustained when she fell on the deck of defendant’s boat.① Defendant Dailey permitted *564plaintiff’s 15-year-old son, Martin Emerson, to operate defendant’s 35-foot Chris Craft power boat. When Martin abruptly turned the boat to avoid a log, plaintiff lost her balance, fell, and was injured. The trial court, sitting without a jury, found for the defendant and entered judgment accordingly. The plaintiff appeals.

The sole assignment of error is, “The trial court erred in holding that the defendant was not negligent and that the…