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Ed. F. McFaddin, Associate Justice, dissenting in part. My dissent is because I am of the opinion that the rule of res ipsa loquitur applies in this case. As I see matters, the majority opinion means that we now have one rule for the use of res ipsa loquitur as regards bottled drinks, and another rule for the use of res ipsa loquitur as regards automobiles. This seems entirely irregular as far as I am concerned. The rule of res ipsa loquitur should apply uniformly.
Document Info
Docket Number: 5-2141
Citation Numbers: 335 S.W.2d 713, 232 Ark. 270
Judges: Harris, McFaddin
Filed Date: 5/30/1960
Precedential Status: Precedential
Modified Date: 8/22/2023