Maki v. Murray Hospital

If, for the sake of argument, it be conceded that at any stage in these proceedings the doctrine of res ipsa loquitur found application to this particular case, it had performed its function, served its purpose and had ceased to apply as soon as such presumption had been rebutted and overcome by the testimony of witnesses on behalf of the defendants, who, in detail thoroughly explained all of the facts and circumstances under which the unfortunate accident occurred. "The doctrine of `resipsa loquitur,' when applicable, is only a substitute for direct evidence, and rests upon necessity. It…