Danner v. Atkins

Plaintiffs appeal from an adverse judgment of the court, sitting without a jury, in their action to recover for personal injuries and property damages sustained when a truck, allegedly as the result of negligence of the driver, defendant Atkins, rolled into a café plaintiffs operated. We have concluded that plaintiffs’ contention that by reason of the res ipsa loquitur doctrine negligence of the driver was established as a matter of law, is without merit, and that the judgment should be affirmed.

From the record it appears that at about 8 :30 on an evening in October, 1952, a truck being…