MANKER v. SHAFFER

No. 33587.

161 Ohio St. 285 (1954)

MANKER, APPELLEE, v. SHAFFER, APPELLANT.

Supreme Court of Ohio.

Decided April 7, 1954.


Attorney(s) appearing for the Case

Mr. Herbert M. Eikenbary, for appellee.

Messrs. Matthews & Altick, for appellant.


ZIMMERMAN, J.

A majority of the court is of the opinion that the Court of Appeals properly involved the rule of res ipsa loquitur in this case. To say the least, the evidence relating to the exact cause of the accident is indefinite and uncertain.

Whatever the attitude of this court may have previously been, ever since the decision in the case of Fink v. New York Central Rd. Co., 144 Ohio St. 1, 56 N.E.2d 456, the principle has been followed...

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