Waterman v. Ciesielski

OPINION

OMAN, Justice.

This cause is before us on a writ of certiorari directed to the New Mexico Court of Appeals, which reversed the judgment of the district court entered upon a jury verdict for the defendant and ordered the cause remanded to the district court for a new trial. Ciesielski v. Waterman, 86 N. M. 184, 521 P.2d 649 (Ct.App.1974). We reverse the Court of Appeals and affirm the judgment of the district court.

The sole issue raised on appeal was whether the district court erred in refusing to instruct the jury on the doctrine of res ipsa loquitur. The plaintiff tendered and the…