Garner v. Chicago Consolidated Traction Co.

We are of opinion that the occurrence here involved was of such nature that it affords prima facie evidence of negligence on the part of defendants. The res ipsa loquitur doctrine is applicable. The sudden blazing out of the flame from the controller was an unusual and unexpected event and out of the ordinary run of things. The controller, in connection with which the casualty happened, was an appliance or a thing in the exclusive possession and control of, and exclusively managed by, the defendants. Between the defendants and the plaintiff there was a contractual relation, relevant in this…