Campbell v. Western Union Telegraph Co.

Opinion by Ri-iodes, J.,

Plaintiff brought this action to recover damages for personal injuries suffered as the result of an accident which occurred in the manner hereinafter described. At the close of the trial defendant presented a point for binding instructions which was refused, and the jury rendered a verdict for plaintiff. Defendant’s motion for judgment in its favor n. o. v. was dismissed, and it has appealed, assigning as error the refusal of its point and the overruling of its motion.

Appellant’s contention is that the doctrine of res ipsa loquitur has no application in the instant…