Littlefield v. Laughlin

STOCKARD, Commissioner.

In this res ipsa loquitur action plaintiff sought $25,000 for personal injuries sustained when a chain broke and a homemade elevator supported thereby fell. The jury returned a verdict for defendant and plaintiff has appealed from the ensuing-judgment. The parties will be referred to as in the trial court.

Plaintiff’s only contention on this appeal is that the trial court erred in giving what is commonly referred to as an accident instruction, but defendant contends that plaintiff did not make a submissible case and that any alleged error in the instruction is immaterial.