# Young v. Price

> Hawaii Supreme Court · September 1, 1964 · 48 Haw. 22

URL: https://www.frixlaw.com/law-library/cases/9794873

## Case

- **Full name:** Mary Ruth Young v. Louis P. Price and Allen L. Souza, Individually and Doing Business as Price Concrete Tank Company, an Hawaiian Co-Partnership
- **Court:** Hawaii Supreme Court
- **Decided:** September 1, 1964
- **Citations:** 48 Haw. 22; 395 P.2d 365; 1964 Haw. LEXIS 66
- **Precedential status:** Published
- **Opinion:** Dissent by Wirtz
- **Judges:** Tsukiyama, Cassidy, Wirtz, Lewis, Mizuha
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9794873

## Opinion text

*31 DISSENTING OPINION OF
WIRTZ, J.,
WITH WHOM TSUKIYAMA, C. J., JOINS.
Were I able to conclude, as does the majority, that there was sufficient evidence for submission of the issue of contributory negligence to the jury, I could wholeheartedly agree with the remainder of the opinion of the majority in dealing with the other assigned errors as therein set forth. As it is, I must respectfully enter my dissent since I still hold to the conviction that, for the reasons set forth in the court’s original opinion, reported in 47 Haw. 309 , 388 P.2d 203 , the record in this case warrants and requires the finding plaintiff was guilty of contributory negligence as a matter of law.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9794873. Public record. Not legal advice.