California, United States of America
The following excerpt is from Warren v. Pacific Intermountain Exp. Co., 183 Cal.App.2d 155, 6 Cal.Rptr. 824 (Cal. App. 1960):
8] The next complaint is that the court erred in instructing[183 Cal.App.2d 167] the jury that the mere fact that an accident occurs, standing alone, is not proof that either party is negligent. Citing Alarid v. Vanier, 50 Cal.2d 617, 327 P.2d 897. That case involved the application of the res ipsa loquitur rule. The question of a violation of the statute in the instant case was in dispute and the facts do not bring the case within the res ipsa loquiture rule. No prejudicial error resulted from the giving of the instruction.
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