Vandiver v. Wilson

CLAY, Commissioner.

This case presents the very narrow question of whether the doctrine of res ipsa loquitur properly should be applied when damage is caused by the explosion of dynamite in a storage magazine maintained by the defendant. The trial judge initially submitted this case to the jury, which returned a verdict of $5,000 for appellant plaintiffs, but upon reconsideration of the question on a motion for judgment notwithstanding the verdict, he set aside the verdict and dismissed the complaint.

The record presents the barest set of facts, but the essential ones on the issue before us are…