Devin ex rel. Devin v. Jones

For the reasons stated herein, it is my opinion that the majority has incorrectly interpreted the provisions of 40 O.S.1961, § 71.

At trial, two expert witnesses testified oil behalf of plaintiffs. The following question was asked of each witness:

“Assuming that you had a situation where we had a 21 inch rotary blade power driven lawnmower in the hands of a 12 year old boy for the purpose of cutting a lawn in a restricted area, I will ask, you if you have an opinion as to whether or not this would be extra hazardous to the life and limb of that boy?”

In answer to this question, one witness, a…