Tompkins v. Northwestern Union Trust Co.

specially concurring:

In addition to my opinion that the res ipsa loquitur instruction should have been given in this case, I find a new trial is required because the verdict in this case is against the evidence.

It ought to be a matter of judicial notice that a Piper PA-28 of the type involved here, if it is flown in level flight within the airspeed recommended by the manufacturer, and is kept out of clouds, will not come apart in the air. If that is not true, none of us should ever fly in airplanes.

In this case, there is no evidence from any expert that the breakup of this aircraft occurred…