RES IPSA LOQUITUR-A PRESUMPTION OF LAW?

Authors

Abstract

As a general proposition the rule of res ipsa loquitur may be said to apply in those instances where a plaintiff is injured and the instrumentality causing the injury is in the complete control and management of the defendant or his servants and the circumstances are of such a nature that ordinarily no injury would result unless there was some negligence on the part of the defendant The rule finds its justification, it is commonly said, in the fact that the defendant being in control of the instrumentality has almost exclusive means of finding the came of the injury while the evidence is practically inaccessible to the plaintiff. Ross v. Cotton Mills, 140 N. C. 115; Boyd v. Portland Electric Co. 41 Ore. 336.

Recommended Citation

RES IPSA LOQUITUR-A PRESUMPTION OF LAW?, 23 Mich. L. Rev. 785 (1925).
Available at: https://repository.law.umich.edu/mlr/vol23/iss7/8