no merit to defendant’s allegation that trial court erred in refusing to instruct on res ipsa loquitur, where plaintiffs proceeded on an alternate theory of circumstantial evidence of negligence and won, and where the facts of plaintiffs’ case did not establish a prima facie res ipsa loquitur case
How later courts described this case
- no merit to defendant’s allegation that trial court erred in refusing to instruct on res ipsa loquitur, where plaintiffs proceeded on an alternate theory of circumstantial evidence of negligence and won, and where the facts of plaintiffs’ case did not establish a prima facie res ipsa loquitur case
- applying Section 195 of the Restatement (Second) of Contracts to determine whether tariffs limitation of liability clause is exculpatory
Written by the judges who cited it.
The opinion
McEWEN, Judge,
concurring:
I share the view that the statements under discussion were not admissible and that, therefore, a new trial must be granted. I write simply to observe that, as much as I envy the persuasive skills of my eminent colleagues who would revise the vicarious admission rule, I would retain the rule in its present form for all of the reasons that have made it traditional.