Res Ipsa Loquitur - Is Negligence More Probable Than Not?
Koch v. Norris Public Power District
-power line falling -power lines do not normally fall without fault on behalf of the company that maintains them and that probable explanation...it seems clear that power lines should be built and maintained so they do not fall without the intervention of nature or a person and that therefore if a line falls without explanation, it must have been negligently constructed or maintained -Test -> accident would not normally happen without negligence
Cosgrove v. Commonwealth Edison Co.
-Res Ipsa Loquitur to the gas company -"A ruptured gas line feeding a fire does not ordinarily occur in the absence of negligence. Gas mains are buried beyond the reach and interference of the general public, and the probability is great that breaks therein are occasioned by defects in the pipes or improper utilization thereof. In the ordinary course of events, gas explosion and fires do not occur; when one does occur, an inference of fault is justifiable."
Warren v. Jeffries
-car rolling back -Res Ipsa not applicable -P did not take all the necessary steps to find fault Note -> -D should have superior knowledge -Specific evidence of negligence shown by D