Garvey v. Coleman Lamp Co.

Citations

• 113 Kan. 70
• 213 P. 823
• 1923 Kan. LEXIS 333

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Evidence — Fire from Gasoline Lamp — Testimony Contrary to Physics and Common Knowledge — Res Ipsa Loquitur. In an action to recoup loss paid according to policies of insurance on account of fire, the petition and proof were that the fire was set by explosion of a gasoline lamp. The petition charged the explosion was caused by a defect in the lamp, which was definitely described. The proof that the defect was the proximate cause of the explosion contradicted elementary principles of physics, and facts within the common knowledge and experience of people generally. Held, the doctrine of res ipsa loquitur did not apply, and a demurrer to the plaintiff’s evidence was properly sustained. •</p>