the principle of res ipsa loquitur is not applicable if a cause, other than the defendant’s negligence, could be inferred as reasonably as such negligence
How later courts described this case
- the principle of res ipsa loquitur is not applicable if a cause, other than the defendant’s negligence, could be inferred as reasonably as such negligence
- “Probabilities, surmises, speculations, and conjectures cannot be accepted as sufficient grounds to justify a recovery to a plaintiff who is charged with the burden of proof”
Written by the judges who cited it.
The opinion
DIXON, Justice
(dissenting).
I respectfully dissent. We seem to hold that fire of an unexplained origin makes the occupant of the burned premises liable for damages to others harmed by the fire. Causes of fire are too numerous and mys *769 terious. No great policy reason exists to force this court to saddle an unfortunate fire victim with this additional liability. It is only recently that this court has approved judgments for plaintiffs in damage suits on “probabilities.”