Legal Opinion

Class v. Young Women's Christian Ass'n

Ohio Court of Appeals

Decided February 28, 1934No. 13351Published

1Opinion of the Court

*612OPINION

By LEVINE, J.

The single question before us is one of law, namely, was there sufficient evidence adduced by plaintiff to require the submission of the case to the jury?

Though the mere fact of injury does not give rise to a presumption of negligence, the accompanying facts and circumstances may call into operation the doctrine of res ipsa loquitor — a rule of evidence which arises from probabilities reasonably inferred from the character of the accident itself, which in the ordinary course of events would not have happened had due care been exercised.

This rule of res ipsa loquitor is not…

2Cases cited9 opinions

  1. Griffen v. . ManiceNew York Court of Appeals · 1901
  2. Treadwell v. WhittierCalifornia Supreme Court · 1889
  3. Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
  4. Springer v. FordIllinois Supreme Court · 1901
  5. Hartford Deposit Co. v. SollittIllinois Supreme Court · 1898

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