Shipley v. City of Spearfish

I agree with Justice Wollman that the res ipsa loquitur, instruction was properly submitted to the jury.

The majority opinion fails to take into account that, under the amended complaint, respondents sought $1,127.68 for specific damages under Counts I and III and an additional $5,000 for compensatory damages on the grounds of a private nuisance, Count II. These three theories were submitted under the instructions and the jury returned a general verdict for $4,627.68. A reversal on the basis of the res ipsa loquitur pleading and instruction does not dispose of at least $3,500 of the verdict…