New York, Chicago & St. Louis Railroad v. Henderson

*485' Dissenting Opinion

Bobbitt, J.

I dissent from the majority opinion for the following reasons:

First: As one of the grounds for transfer it is asserted that the opinion of the Appellate Court contravenes a ruling precedent of this court in Worster v. Caylor (1953), 231 Ind. 625, 110 N. E. 2d 337, on the question of res ipsa loquitur, because appellant herein allegedly did not “detail all the facts” as was done in that case.

In the Worster Case the plaintiff (appellant) called the defendant (the doctor who performed the operation) as his (appellant’s) witness and as such he detailed fully and…