Daniel Ozark, Individually and as Next Friend for Dwain Ozark, a Minor v. Wichita Manor, Incorporated, and City of Wichita Falls, Texas

Specific acts complained of or evidence establishing the likely existence of them do not prevent the case being one for application of res ipsa loquitur. Wichita Falls Traction Co. v. Elliott, 125 Tex. 248, 81 S.W.2d 659, cited recently with approval Honea v. Coca Cola Bottling Company, 143 Tex. 272, 183 S.W.2d 968, 969, 160 A.L.R. 1445. In a case calling for res ipsa loquitur, a plaintiff “* * * ought not to be penalized by the loss of the presumption because he has been willing to go forward and do the best he can to prove specific acts of negligence. On the contrary he ought to be…