Howard v. . Texas Co.

Does the doctrine of res ipsa loquitur apply to explosions of the type described in the evidence?

There was no evidence that the filling station, tanks or pipes were negligently installed or operated, or that there ivas any defect in the station or its equipment. Consequently, unless the principle of res ipsa loquitur is applicable, the trial judge was in error in reversing the judgment of nonsuit and remanding the case for trial. The evidence leaves no doubt as to the fact that the filling station and its equipment and fixtures were under the exclusive control of the defendants. It is also a…