Stroud v. Sinclair Refining Co.

The opinion of the court was delivered by

Thiele, J.:

This was an action for damages for negligence, the

principalquestion being whether the doctrine of res ipsa loquitur applied under the facts.

Omitting unnecessary portions, the petition alleged that plaintiff, on March 20, 1934, was engaged in setting stone in a driveway of a filling station in Kansas City, Mo.; that employees of the defendant were engaged in erecting a sign on the station building and while so doing used sliding ladders; that in placing and using the ladders defendant’s employees, through negligence, insecurely placed the *75ladd…