Appalachian Insurance v. Knutson

JOHN W. OLIVER, District Judge.

This diversity case pends on motion for summary judgment. That motion and the stipulation of facts entered into for purposes of that motion require that we define the scope of res ipsa loquitur under the law of Kansas.

Plaintiff insurance company insured the Baumritter Furniture Company against loss by fire of its goods stored in certain warehouses operated by the defendants Balliett. The goods thus stored were destroyed by fire on February 25, 1964. Plaintiff paid Baumritter Furniture Company the sum of $170,401.57 and asserts its right of subrogation against…