Kruger v. Newkirk

Mr. JUSTICE GEORGE J. MORAN

delivered the opinion of the court:

Plaintiffs appeal from a judgment of the circuit court of Clinton County granting defendant’s motion for judgment at the conclusion of the plaintiff’s evidence and denying plaintiff’s motion for a new trial.

Appellants contend that the trial court erred in granting judgment for defendant at the close of the plaintiffs’ evidence, since the doctrine of res ipsa loquitur was applicable to raise an inference of defendant’s negligence.

Appellee contends that the doctrine of res ipsa loquitur is inapplicable as it was not properly pleaded…