# Schafer v. Wells

> Ohio Supreme Court · February 23, 1961 · 171 Ohio St. (N.S.) 506

URL: https://www.frixlaw.com/law-library/cases/8355743

## Case

- **Full name:** Schafer v. Wells, Appellee California Ins. Co.
- **Court:** Ohio Supreme Court
- **Decided:** February 23, 1961
- **Citations:** 171 Ohio St. (N.S.) 506
- **Precedential status:** Published
- **Opinion:** Dissent by Zimmerman
- **Judges:** Bell, Herbert, Matthias, Neill, Taft, Weygandt, Zimmerman
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8355743

## Opinion text

Zimmerman, J.,
dissents for the reason that in his opinion the rule of res ipsa loquitur is not properly applicable here. The fire and the accompanying loss can reasonably be ascribed to causes other than the claimed negligence of defendant, and, by invoking that rule, plaintiff is afforded an advantage to which he is not fairly entitled.
Taft and O’Neill, JJ., concur in the foregoing dissenting opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8355743. Public record. Not legal advice.