Loose Wiles Biscuit Co. v. Pfahl

Ohio Court of Appeals

Loose Wiles Biscuit Co. v. Pfahl

2 Ohio Law. Abs. 156

CourtOhio Court of Appeals

DecidedNovember 26, 1923

DocketNo. 5022

StatusPublished

This text of 2 Ohio Law. Abs. 156 (Loose Wiles Biscuit Co. v. Pfahl) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Loose Wiles Biscuit Co. v. Pfahl, 2 Ohio Law. Abs. 156 (Ohio Ct. App. 1923).

Pincite

Opinion

VICKERY, P. J.

Epitomized Opinion

First Publication of this Opinion

This was an action by Pfahl for personal injuries. " Pfahl was riding on a wagon on right side of street when his wagon was struck from the rear by a truck owned by the Loose Wiles Biscuit Co. and operated by one of its servants. Plaintiff was thrown from the wagon and suffered a concussion of the brain. The accident was not witnessed by anyone except the truck driver. The trial resulted in a judgment for the plaintiff in the sum of $22,500. The plaintiff claimed that it was a case of res ipsa loqutur. The defendant claimed that such a doctrine could not apply to this case. In sustaining the judgment of the lower court, the Court of Appeals held:

Attorneys — Dustin, MeKeehan, Merrick, Ar-ter & Stewart, for The Loose Wiles Co.; Roth-kopf, for Pfahl, all of Cleveland.

1. The doctrine of res ipsa loquitur applied to the facts of this case. As the plaintiff was driving in a proper place in broad daylight, the collision raised an inference of negligence on the part of the truck driver, and the burden was upon the defendant to show that it was not negligent.

2. The verdict was not excessive.

Free access — add to your briefcase to read the full text and ask questions with AI

VICKERY, P. J.

Epitomized Opinion

First Publication of this Opinion

This was an action by Pfahl for personal injuries. " Pfahl was riding on a wagon on right side of street when his wagon was struck from the rear by a truck owned by the Loose Wiles Biscuit Co. and operated by one of its servants. Plaintiff was thrown from the wagon and suffered a concussion of the brain. The accident was not witnessed by anyone except the truck driver. The trial resulted in a judgment for the plaintiff in the sum of $22,500. The plaintiff claimed that it was a case of res ipsa loqutur. The defendant claimed that such a doctrine could not apply to this case. In sustaining the judgment of the lower court, the Court of Appeals held:

Attorneys — Dustin, MeKeehan, Merrick, Ar-ter & Stewart, for The Loose Wiles Co.; Roth-kopf, for Pfahl, all of Cleveland.

1. The doctrine of res ipsa loquitur applied to the facts of this case. As the plaintiff was driving in a proper place in broad daylight, the collision raised an inference of negligence on the part of the truck driver, and the burden was upon the defendant to show that it was not negligent.

2. The verdict was not excessive.

Cite This Page — Counsel Stack

Bluebook (online)

2 Ohio Law. Abs. 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loose-wiles-biscuit-co-v-pfahl-ohioctapp-1923.