“[I]t is the province of the fact finder (the jury or the court where no jury is sitting) to draw or to reject such an inference [of negligence based on res ipsa loquitur].”
How later courts described this case
- “[I]t is the province of the fact finder (the jury or the court where no jury is sitting) to draw or to reject such an inference [of negligence based on res ipsa loquitur].”
Written by the judges who cited it.
The opinion
MOFFAT, Chief Justice
(concurring in part, dissenting in part).
I concur in the order reversing the judgment against the Mountain Fuel Supply Company; I dissent from the order remanding the cause for a new trial as against the Utah Motor Parks, Inc.