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DORMAN v. T. SMITH & SON

No. 19708.

55 So.2d 587 (1951)

DORMAN v. T. SMITH & SON, Inc.

Court of Appeal of Louisiana, Orleans.

Rehearing Denied January 7, 1952.

Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles, Breard Snellings, New Orleans, for defendant-appellant.

Sidney G. Roos, New Orleans, for plaintiff-appellee.

May & Carrere, New Orleans, for intervenor-appellee.

JANVIER, Judge.

The sole issue presented here is whether the doctrine of res ipsa loquitur is applicable. Just what caused the accident from which the suit results is not shown and therefore it cannot be said that the evidence shows that the defendant was at fault. Consequently, unless, by the doctrine of res ipsa loquitur, the burden of explaining the occurrence was shifted to the defendant, there is no liability. On the other hand, if, as a result of the doctrine...

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