Pierce v. Schroeder

The opinion of the court was delivered by

Thiele, J.:

Plaintiff commenced an action against five named defendants to recover damages sustained in the burning of his auto mobile. Three defendants demurred to the petition and that demurrer having been sustained, the plaintiff appeals. The sole question presented by appellant is whether the petition states a cause of action under the doctrine of res ipsa loquitur.

Omitting allegations not essential to a decision, the petition alleged that defendants Krebbs and Weible owned and operated a garage in McPherson, Kansas, having a storeroom and a…