Questione giuridica chiave
Whether the transporter was liable in tort for the child's injury caused by omission during forestry work
Decisione estratta
Yes. By creating a dangerous situation through loading logs in the forest, he had a duty to take all reasonable safety measures; he breached that duty.
Motivazione estratta
A person who creates a dangerous condition must take protective measures. The danger had not ended when loading was interrupted, and the transporter failed to maintain supervision or renew the warning once he lost sight of the child.