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B & J SALES AND SERVICE CORP. v. MOSS

No. 8227SC969.

306 S.E.2d 816 (1983)

B & J SALES AND SERVICE CORPORATION v. J. Edward MOSS, d/b/a Electro Spec.

Court of Appeals of North Carolina.

September 20, 1983.

Attorney(s) appearing for the Case

Harris, Bumgardner & Carpenter by Seth H. Langson, and Hollowell, Stott, Hollowell, Palmer & Windham by Grady B. Stott, Gastonia, for plaintiff.

Golding, Crews, Meekins, Gordon & Gray by James P. Crews and Rodney Dean, Charlotte, for defendant.

WELLS, Judge.

The sole question for review in this appeal is whether the trial judge erred in refusing to instruct the jury on the doctrine of res ipsa loquitur as requested by the plaintiff. Res ipsa loquitur permits an inference of negligence, based on common experience, from the occurrence of something that ordinarily does not happen in the absence of negligence. Snow v. Duke Power Co., 297 N.C. 591, ...

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