Brunner v. Van Hoof

The two main questions presented are: (1) Did the trial court err in giving unrequested instructions on res ipsa loquitur in view of the evidence and where specific acts of negligence were inquired about in the verdict and no general question on negligence was submitted? (2) Did the giving of such res ipsa loquitur instructions constitute prejudicial error ?

The appellant’s first contention was the res ipsa loquitur instruction although correct in form was not applicable. The *464width and breadth of res ipsa loquitur from the strict to the liberal rules are extensively annotated in 33 A. L. R.…