Bird v. Clover Leaf-Harris Dairy

Leo A. Bird, upon a complaint alleging negligence, recovered judgment against the Clover Leaf-Harris Dairy for injuries to his automobile, the result of the collapse of a canopy and part of the wall of a building in the Dairy's creamery plant. He relied upon the doctrine of res ipsa loquitur, based upon the collapse of the canopy and wall without apparent cause, and upon the fact that his son, who parked the car where it was injured, was an invitee of the Dairy. The Dairy has appealed.

A question involved is this: Did the parking of the automobile under the canopy change the status of the one…