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· 2/3/1911

Barnes v. Kirk Bros. Automobile Co.

Citations

  • 22 Ohio C.C. Dec. 233

Syllabus

<p>AUTOMOBILES — NEGLIGENCE.</p> <p>Res Ipsa Loquitur Applies to Negligence by Selles of Automobile Injuring Purchaser During Inspection.</p> <p>The doctrine of res ipsa loquitur controls in fixing responsibility for injuries sustained by a prospective purchaser of an automobile, occasioned during his inspection, by its sudden and unexpected motion against him while being manipulated and operated in owner’s garage by such owner. Negligence of the latter is presumed and the burden of rebutting is on him.</p> <p>[Syllabus approved by the court.]</p>

Judges: Kinkade, Parker, Wildman

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