Fairbrother v. Wiley's, Inc.

The opinion of the court was delivered by

Schroeder, J.:

This is a damage action brought for personal injuries resulting to the appellee (plaintiff) when plate glass windows from the front of appellant’s department store fell to the sidewalk and broke during a gusty wind.

The primary question presented is whether an intervening force, high and gusty wind, precludes plaintiff from recovering on the ground of negligence under the allegations of her petition and the evidence presented pursuant thereto. Appellant (defendant) asserts that the petition is drawn under the doctrine of res ipsa loqui-tur.