Barnwell v. ELLIOTT

I respectfully dissent from the prevailing opinion i'n this case.

If under the facts of this case as disclosed by the record, this Court is going to circumvent the law of this State that the res ipsa loquitur doctrine will not be applied, by holding that there is some circumstantial evidence from which the jury could infer negligence on the part of the defendants-respondents, then I think it best that we overrule the long line of decisions heretofore holding said doctrine inapplicable and frankly adopt it.

*69Whether the trial Judge had before him only the testimony offered by appellant and no…