Francisco v. Circle Tours Sightseeing Co.

The main question raised upon this appeal is that the trial court instructed the jury on the res ipsa loquitur rule. The defendant contended at the trial, and also at argument, that the rule does not apply, for the reason that the plaintiff alleged in her complaint specific acts of negligence, and did not rely on general negligence. The plaintiff alleges the negligence in the following language:

“That when said automobile was a few miles west of the ‘Columbia Gorge Hotel’ in said county, the defendant carelessly, negligently and recklessly drove said automobile off the said highway and into a…