Ferrell v. Royal Crown Bottling Co. of Charleston

Believing that the decision of the majority in this case, reversing the judgment of the Circuit Court of Kanawha County which reversed the judgment of the Court of Common Pleas of that county and set aside a verdict in favor of the plaintiff, constitutes a substantial and in my opinion an utterly unwarranted departure from the doctrine of res ipsa loquitur as heretofore applied by this Court in a case of an explosion of an instrumentality which causes an injury, I respectfully but emphatically register my dissent.

This Court has heretofore repeatedly held that “The *472doctrine of res ipsa…