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OZARK v. WICHITA MANOR

No. 16788.

258 F.2d 805 (1958)

Daniel OZARK, Individually and as Next Friend for Dwain Ozark, a Minor, Appellant, v. WICHITA MANOR, Incorporated, and City of Wichita Falls, Texas, Appellees.

United States Court of Appeals Fifth Circuit.

August 27, 1958.

Attorney(s) appearing for the Case

Jack G. Banner, Philip S. Kouri, Wichita Falls, Tex., for appellant.

Milburn E. Nutt, J. Walter Friberg, Harold Jones, Wichita Falls, Tex., for appellee.

Before JONES, BROWN and WISDOM, Circuit Judges.

PER CURIAM.

Specific acts complained of or evidence establishing the likely existence of them do not prevent the case being one for application of res ipsa loquitur. Wichita Falls Traction Co. v. Elliott, 125 Tex. 248, 81 S.W.2d 659, cited recently with approval Honea v. Coca Cola Bottling Company, 143 Tex. 272, 183 S.W.2d 968, 969, 160 A.L.R. 1445. In a case calling for res ipsa loquitur, a plaintiff "* * * ought not to be penalized by the loss of the...

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