Di Mare v. Cresci

*302McCOMB, J.

I dissent.

In my opinion this is the sole question necessary to be determined: Did the trial court err in giving an instruction on res ipsa loquitur containing the following statement? “From the happening of the accident involved in this case, an inference arises that a proximate cause of the occurrence was some negligent conduct on the part of the defendant. That inference is a form of evidence and unless there is contrary evidence sufficient to meet or balance it, the jury should find in accordance with the inference.

“When there is any evidence to the contrary, you must weigh all…