Gaspar v. Georgia Pac. Corp.

DEVINE, J. *

Plaintiff appeals from judgment for defendants on the proposition that a conditional res ipsa loquitur instruction was refused.

Plaintiff was employed by Loop Lumber Company in Alameda. He was helping to unload lumber from a flatbed car when an 8-by-8-inch board fell from the ear onto his foot and destroyed his toes. Plaintiff sued Georgia Pacific Corporation, which loaded the lumber at Springfield, Oregon, on the proposition that the loading was negligent, particularly in that the bearing pieces, which underlay, crosswise, the heavy load, were not long enough, so that several…