Grace v. Kumalaa

DISSENTING OPINION OP

WIRTZ, J„ WITH WHOM TSUKIYAMA, C.J., JOINS.

Were I able to find some basis to submit the issue of liability to the jury I would wholeheartedly agree with the second portion of the opinion of the majority in dealing with the instruction to be given the jury for their consideration of the question of the contributory negligence of a six-year old child.

To warrant submission of the issue of liability to the *292jury, however, there must be some substantial evidence amounting to more than a mere scintilla showing negligence. Holstein v. Benedict, 22 Haw. 441; Bishop & Co. v. Hawaii…