Akin v. Berkshire

OPINION

HERNANDEZ, Judge.

Plaintiffs’ automobile was partially destroyed after a collision with a cow. The case was first brought in the Torrance County magistrate court where a judgment was entered in favor of the plaintiffs. On appeal to the Torrance County district court a trial de novo resulted in affirming the judgment in favor of plaintiffs. The defendants bring this appeal asserting only one assignment of error: that the court erred in ruling that the doctrine of res ipsa loquitur was applicable to the facts of this case.

We reverse.

The essential facts of the accident are undisputed.…