Sipe v. Helgerson

The opinion of the court was delivered by

Thiele, J.:

The question presented in this appeal is whether the facts pleaded in plaintiff’s petition are sufficient to warrant application of the doctrine of res ipsa loquitur.

Omitting formal parts, and all reference to injuries sustained and damages suffered, it was alleged in the petition that defendant had the exclusive right to sell refreshments and bottled beverages to the public attending baseball games at the Wichita stadium; that plaintiff had charge of a certain baseball team which played a game on the night of August 19, 1943; that after the…