Megee v. Reed

I respectfully dissent. I do not find sufficient evidence to support a judgment for appellee whether it is based on res ipsa loquitur or negligence. As I see it, there is a glaring defect in the evidentiary basis for either theory, i.e., the lacic of evidence as to the cause of the fire, or the instrumentality which caused it.

We do not know how long appellee’s automobile was in the shop, or what condition it was in when taken there. We do not know how many automobiles were in the shop or what equipment was kept in the paint shop. The fire started sometime during the night between 5:00 p.m.,…