Bischoff v. Newby's Tire Service

WOOD (Fred B.), J.

Plaintiff drove his ear to defendants’ tire shop, removed one of the wheels and took it and a spare tire into the shop for a tire change. Defendant Fred Lowery removed the old tire and was installing the spare when the head of the hammer he was using flew off and hit plaintiff in the face. Verdict and judgment were for defendants.

Plaintiff’s principal claim upon this appeal is the failure of the trial court to give his requested instructions on res ipsa loquitur. Our examination of the record convinces us there was sufficient evidentiary basis for the giving of instructions…