James Earl Rippy, Petitioner v. James Shepard, Respondent

Summary

The court held that a farm tractor is a dangerous instrumentality as a matter of law because its weight, speed, mechanism, and operation in public areas make its negligent use peculiarly dangerous. It therefore quashed the First District's contrary decision and remanded for further proceedings. Justice Polston, dissenting and joined by Chief Justice Canady, would have approved the First District's decision, reasoning that the doctrine should focus on an instrumentality's primary use and danger to the public.