Guerrero v. Brown's Lumber Co.

WARNE, J. pro tem. *

This is the second appeal in this personal injury action. The first appeal was by the plaintiff from a judgment entered upon a verdict in favor of the defendants. That judgment was reversed. As one of the grounds for reversal this court held that the trial court erred in refusing to give an instruction requested by the plaintiff on the doctrine of res ipsa loquitur, which left the jury entirely free to determine whether the necessary elements of the doctrine were present. (Guerrero v. Westgate Lumber Co., 164 Cal.App.2d 612 [331 P.2d 107].)

The present appeal is by the…