HAKE v. WIEDEMANN BREWING CO.

No. 69-602.

23 Ohio St. 2d 65 (1970)

HAKE, APPELLANT, v. THE GEORGE WIEDEMANN BREWING CO., APPELLEE.

Supreme Court of Ohio.

Decided September 23, 1970.


Attorney(s) appearing for the Case

Messrs. Spraul & Reyering and Mr. James Cissell, for appellant.

Messrs. Bloom, Greene, Thurman & Uible and Mr. Milton M. Bloom, for appellee.


LEACH, J.

The question presented is whether the trial court erred in refusing to apply the rule of res ipsa loquitur at the close of plaintiff's case.

It is well established by earlier decisions of this court that res ipsa loquitur is a rule of evidence which permits the trier of fact to infer negligence on the part of the defendant from the circumstances surrounding the injury to plaintiff. (See Fink v. New York Central Rd. Co.

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