VANDIVER v. WILSON


446 S.W.2d 650 (1969)

Troy VANDIVER et al., Appellants, v. Carl WILSON, Appellee.

Court of Appeals of Kentucky.

As Modified October 31, 1969.


Attorney(s) appearing for the Case

W. H. Counts, O. F. Duval, Counts & Duval, Olive Hill, for appellants.

H. David Hermansdorfer, Diederich, Hermansdorfer & Wilson, Ashland, for appellee.


CLAY, Commissioner.

This case presents the very narrow question of whether the doctrine of res ipsa loquitur properly should be applied when damage is caused by the explosion of dynamite in a storage magazine maintained by the defendant. The trial judge initially submitted this case to the jury, which returned a verdict of $5,000 for appellant plaintiffs, but upon reconsideration of the question on a motion for judgment notwithstanding the verdict, he set aside the...

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