Supreme Court of Minnesota February 14, 1908, Nos. 15,431—(198) (Jacobson v. Hobart Iron Co.)

.7AGGARD, .T.

(dissenting).

On the one hand, customary care is not always legal care; on the other hand, customary care is evidence of and may amount to legal care. Necessarily the effect of proof of the exercise of customary care depends largely upon the extent of the observance of the custom; the subject-matter to which it applies; and the reasonableness of suggested substitutes.