Brocato v. Standard Oil Co.

Plaintiff appeals from a judgment of non-suit in favor of defendant Standard Oil Company of California rendered in a personal injury action. His counsel concedes that respondent must prevail unless the doctrine of res ipsa loquitur is applicable.

The review of the evidence herein will be governed by the rule stated in Lashley v. Koerber, 26 Cal.2d 83, 84 [156 P.2d 441]: "Under well-established rules we must, in considering whether the judgment of nonsuit was proper, resolve every conflict in their testimonies in favor of plaintiff, consider every inference which can reasonably be drawn and…