McKee Electric Co. v. Carson Oil Co.

The issue is whether on the pleading and evidence the plaintiff 1 was entitled to an instruction on res ipsa loquitur. We hold that the plaintiff was entitled to the instruction.

This is an action to recover damages for physical harm to property and consequential damages incurréd in repairing the property. The plaintiff contends that negligence of the defendant caused a fire that resulted in physical harm to the plaintiffs property. The defendant denied that it was negligent or that it caused the fire. The defendant counterclaimed for damages, contending that the plaintiffs negligence caused…