SCHAFER v. WELLS

No. 36504.

171 Ohio St. 506 (1961)

SCHAFER, APPELLANT, v. WELLS, APPELLEE; CALIFORNIA INS. CO., APPELLANT.

Supreme Court of Ohio.

Decided February 23, 1961.


Attorney(s) appearing for the Case

Mr. John W. Winn, for plaintiff appellant.

Mr. Karl H. Weaner, Jr., for appellee.

Messrs. Smith, Klein & Blumberg, for defendant appellant.


HERBERT, J.

There is no issue raised as to the amounts of damage resulting from the fire, the only question being whether the rule of res ipsa loquitur could be applied on the evidence presented to the trial judges. Among its findings of fact the trial court found:

"3. That the oil burner and accessories furnished by defendant, Gerald D. Wells, had not been fully installed and were in the exclusive management and control of said defendant.

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