Defendant's intestate was killed in an accident when the car which he had been driving left the road. Plaintiff, a guest in the car, sued for damages for injuries sustained, alleging negligence. Plaintiff proved the happening of the accident, and his injuries, and then rested, relying upon the doctrine of res ipsa loquitur. Defendant argued that, in view of the death of his intestate, the doctrine should not be applied. Held, the doctrine of res ipsa loquitur applied, permitting an inference of negligence, though knowledge of facts which would prove the cause of accident is no more accessible to defendant than to plaintiff. Weller v. Worstall, (Ohio, 1934) 197 N. E. 410.
RES IPSA LOQUITUR - AUTOMOBILES -APPLICATION OF DOCTRINE WHEN PERSON CHARGED WITH TORT IS DECEASED,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol34/iss2/14