Furr v. McGrath

I am unable to agree with the opinion promulgated by the majority of my associates in this case. I am of the opinion that the rule of res ipsa loquitur has no application in this case and that the instructions by the trial court are sufficient.

In Sand Springs Park v. Schrader, 82 Okl.244, 198 P. 983, 986, 22 A.L.R. 593, we said :

“The phrase ‘res ipsa loquitur’ is ‘merely a short way of saying that the circumstances attendant upon an accident are themselves of such a character as to justify a jury in inferring negligence as to the cause of the accident’ ”

In Cosden v. Wright, 202 Okl. 211, 211…