ALLAN v. MERGARD

No. 37386.

174 Ohio St. 132 (1962)

ALLAN, ADMX., APPELLANT, v. MERGARD, APPELLEE.

Supreme Court of Ohio.

Decided December 26, 1962.


Attorney(s) appearing for the Case

Mr. Peter W. Swenty and Mr. William H. Ruger, for appellant.

Messrs. McIntosh & McIntosh, for appellee.


Per Curiam.

Plaintiff contends that the sole issue in the case is the application of the doctrine of res ipsa loquitur and argues that this rule, which has been applied to auto, train and airplane accidents, should, when the essential elements of the doctrine are present, be applied to boating accidents.

In answer to this contention, the defendant takes the position that the doctrine of res ipsa loquitur should not apply to this boating...

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