Coalite, Inc. v. Aldridge

HARWOOD, Justice.

This is a blasting case in which there was no evidence produced by the plaintiffs to the effect that the defendant’s blasting operations were carried on in a negligent manner. In affirming a judgment for the plaintiffs, the Court of Appeals, 229 So.2d 524, has written:

“The judgment below can only be upheld if the evidentiary rule of res ipsa loquitur applies to prove negligence as a product of vibrations or concussions from blasting. We hold it does and affirm.”

As acknowledged in the opinion of the Court of Appeals, the rule in this state since Bessemer Coal, Iron & Land Co.…