O'BRIEN v. Primm

I respectfully dissent. The case was submitted to the jury on the basis of negligence and the majority opinion indicates that they believe that negligence is the appropriate basis for liability rather than liability without negligence. With this I can agree, as it is not shown that the use being made of appellants’ property or the method of operation was such as to invoke the doctrine of strict liability. I agree that the doctrine of res ipsa loquitar cannot be applied in a case such as this when injury might have been brought about by either of two speculative theories, for one of which the…