Munzert v. American Stores Co.

Henderson, J.,

filed the following dissenting opinion, in which Bruns, C. J., and Sybert, J., concurred.

I agree with the holding of a majority of the Court that the facts in this case bring it within the scope of the so-called doctrine of res ipsa loquitur. The factual situation, involving a falling stack of goods on or about store premises, is one in *107which the doctrine has been frequently applied. See the cases collected in Note 20 A.L.R. 2d 95. I also agree that, although the defendant’s employee testified that the boxes were properly stacked, the jury was not compelled to believe him, and…