Marsigli v. C. W. Averill Co.

During trial the plaintiff conceded that her case would fail unless the doctrine of res ipsa loquitor was applicable. The jury returned a verdict for the defendant and the plaintiff is here asserting error in the charge of the court. The defendant takes the position that the result reached by the jury ought not to be disturbed because its motion for a directed verdict ought to have been granted in any event. It says that res ipsa loquitor does not apply here.

At a time when plaintiff was shopping in a hardware store then operated by the defendant, she approached a counter where merchandise was…