Humphrey v. City of Homestead

I must respectfully dissent. In holding that sufficient evidence was shown by the record to support the jury charge here at issue, the majority has ruled, as a matter of law, that reasonable men can possibly find contributory negligence under the circumstances of this case. It is my opinion that a mother, temporarily entrusting her *741three-year-old daughter in the care of her two other children, one age sixteen, the other age fourteen, should not be contemplated in the eyes of the law as negligent.

Other reviewing courts in our sister jurisdictions have directly confronted similar factual…