Harold E. Robinson, Jr. v. Reed-Prentice Corporation, a Corporation

Appellant, injured in operating a die casting machine, sued the manufacturer thereof. A directed verdict was ordered against him at the conclusion of the plaintiff’s case. He appeals, alleging: I. There was sufficient evidence to go to the jury; II. The doctrine of res ipsa loquitur applied; III. There was error in refusal of evidence offered.

Substantive state law governs in all nonfederal causes of action. Erie R. Co. v. Tompkins, 1938, 304 U.S. 64 , 58 S.Ct. 817 , 82 L.Ed. 1188 . This includes burden of proof. Cities Service Oil Co. v. Dunlop, 1939, 308 U.S. 208 , 60 S.Ct. 201 , 84 L.Ed. 196 .

We first find the trial court did not err in holding the doctrine of res ipsa loquitur inapplicable on the record before it. Evidence sufficient to support a legitimate inference that appellee is probably responsible for the injury in question is consistently required as an indispensable condition of liability. Res ipsa loquitur is not applicable when one of two or more causes brought about the injury, none of which causes is excluded or included by any affirmative evidence. There was here no need, and no sufficient foundation, to rely on any presumption of negligence. Brocato v.…