Holley v. Purity Baking Co.

Kenna, President,

concurring:

With the utmost deference, I cannot but be impressed by the fact that the majority in taking its position that the doctrine of res ipsa loquitur does not raise a prima facie presumption of negligence has been unduly influenced by merely persuasive decisions from other jurisdictions and the professorial reasoning of recent texts, without realizing the breadth and depth to • which the exact contrary is rooted in West Virginia precedent.

The first West Virginia case in which the doctrine was dealt with by name is that of Snyder v. Wheeling Electrical Co. (1897), 43 W.…