OZARK v. WICHITA MANOR

No. 16788.

252 F.2d 671 (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.

February 25, 1958.


Attorney(s) appearing for the Case

Philip S. Kouri, Jack G. Banner, Wichita Falls, Tex. (Kouri & Banner, Wichita Falls, Tex., on the brief), for appellant.

Milburn E. Nutt, Harold Jones, J. Walter Friberg, Wichita Falls, Tex. (Jones, Parish & Fillmore, Wichita Falls, Tex., on the brief), for appellees.

Before JONES, BROWN and WISDOM, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The sole question here is whether the Court erred in not giving suitable instructions to the jury on the theory of res ipsa loquitur. Without such instructions the jury on a general charge returned a general verdict for the defendants.

Dwain Ozark, then six years old, sustained severe injuries including the total loss of an eye when a one-half gallon glass milk bottle exploded. The evidence was such as to permit the jury to conclude...

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