Carter v. Skelly Oil Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that while res ipsa generally has no application on the pleadings, a plaintiff must still prove facts sufficient to invoke res ipsa’s applicability and provide notice of the nature of the inference plaintiff intends to rely upon
• plaintiff may not be expected to know the exact cause of the precise negligent act producing the occurrence
• plaintiff may not be expected to know the exact cause of the precise negligent act producing the occurrence
• “Generally speaking, the doctrine of res ipsa loquitur has no application to the pleadings . . . Rather is it an inference aiding in the proof.”

Source: CourtListener parenthetical corpus (CC0).