Hoggard v. Umphlett

CLARK, Judge.

Defendant’s sole assignment of error is that there was insufficient evidence to go to the jury on the issue of his negligence. The question ultimately boils down to a determination as to whether the statement by Ms. Robbins that the child was playing around the fire or had thrown something in the fire was sufficient to give rise to a duty on the part of defendant to inspect the fire or to warn his employee as to the potential danger of an exploding can. This question in turn depends upon whether defendant could foresee that, without having been seen by plaintiff, the child would…