Hartford Accident & Indemnity Co. v. Anchor Hocking Glass Corp.

Speakman, Judge.

In this case the plaintiff does not rely upon the doctrine of res ipso loquitur. It concedes, as was held in Slack v. Premier-Pabst Corp., 1 Terry (40 Del.) 97, 5 A. 2d 516, that the rule “is not applied except where the transaction was in the exclusive management of the defendant, and all of the elements of the occurrence within his control, and the result is so unaccountable that the defendant’s negligence as a proximate cause of injury is the only fair inference to be drawn from the circumstances. ”

It relies on an exception to the general rule as stated in Cooley on Torts,…