Loomis v. Toledo Railways & Light Co.
Ohio Supreme Court
Loomis v. Toledo Railways & Light Co., 1 Ohio Law. Abs. 261 (Ohio 1923)
Allen, Day, Jones, Marshall, Matthias, Robinson, Wanamaker
Loomis v. Toledo Railways & Light Co.
Opinion of the Court
1. A presumption of negligence arises from proof of the falling) of poles and electric wires upon the plaintiff’s automobile in a city street. The maxim, res ipsa loquitor, applies, requiring an explanation of the cause from the defendant. (Cincinnati Traction Co. v. Holzenkamp, 74 Ohio St., 379, approved.)
2. But where the proof raises a probability that such falling poles and! wires were caused by a vis major, the presumption of negligence does not arise. In such case the plaintiff must sustain his specific allegations of negligence by a preponderance of the evidence.
Judgment affirmed.
Reference
- Full Case Name
- Allen Loomis v. The Toledo Railways & Light Co.
- Cited By
- 1 case
- Status
- Published