Orr v. Saylor

Wade S. Weatherford, Jr., Acting Associate Justice

(dissenting).

Most respectfully, I ask my colleagues the privilege of expressing disagreement in this case upon two grounds: (1) I would affirm the jury verdict for plaintiff because the evidence is sufficient to support a finding of actionable negligence against defendant; (2) I would affirm the jury verdict under the rule of evidence known as res ipsa loquitur which, in my view, ought to and does in fact exist in South Carolina although rejected in name. In any event this case, rather graphically, illustrates for me the need for a clear and…