Opinion
Gen. No. 43,502. Abstract of Decision.
Opinion filed May 29, 1946 Released for publication June 13, 1946
AUTOMOBILES AND MOTOR VEHICLES, § 102.2 — when doctrine of res ipsa loquitur was applicable. In action for damages for injuries sustained by plaintiff, where it appeared that plaintiff assisted defendant, at his request, in changing tire, and while they were engaged in removing spare wheel from rear compartment, car fell off jack and compartment lid struck plaintiff on head, and it also appeared that no blocks were placed under wheels and that there was no evidence as to whether brakes had been set, held that it was error for court to rule that doctrine of res ipsa loquitur did not apply.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. THOMAS J. LYNCH, Judge, presiding.
Judgment reversed and cause remanded for a new trial. Heard in the second division, first district, this court at the October term, 1945.
Lester E. Williams, for appellant;
Jones, Key Chapman, for appellee;
C.D. Jones and Alfred W. Bosworth, of counsel.
Not to be published in full. Opinion filed May 29, 1946; released for publication June 13, 1946.