Reece v. Webster
| Decision Date | 23 March 1953 |
| Docket Number | No. 4-9841,4-9841 |
| Parties | REECE v. WEBSTER. |
| Court | Arkansas Supreme Court |
D. S. Plummer, Marianna, for appellant.
Daggett & Daggett, Marianna, for appellee.
July 17, 1951, Nathaniel Reece, age 16, lived with his father, Aron Reece, on land occupied by Bill Webster. A tractor belonging to Bill Webster and operated by his brother, Oscar Webster, exploded as Nathaniel Reece walked past it on the farm road leading to Reece's home. As a result of this explosion, burning gasoline was thrown upon Reece inflicting burns of such serious nature that he died therefrom (46) days later.
Suit was filed by Aron Reece as Administrator of the estate of Nathaniel Reece and individually, to recover damages, it being alleged that the explosion was due to the negligence of Bill Webster as the owner of said tractor through the faulty operation thereof by his servant. There was the specific allegation:
'* * * and specifically alleges the negligence of the said Bill Webster, his servants, agents and employees in permitting raw gasoline to accumulate on or about the tractor when in operation, that when volatilized by the heat of the tractor, it would produce a powerful and dangerous explosive, producing the results herein alleged.'
The case was tried before a jury and resulted in a verdict for the defendant.
Evidence was introduced by the plaintiff tending to show that there was a sediment bulb in front of the tractor motor; that there had been a defect in this bulb as a result of which gasoline dripped. There was no expert testimony showing the damage to the motor, nor was there any suggestion of any kind that the accident could have been caused in any manner other than that gasoline dripped from the sediment bulb on to the hot motor.
The Complaint contained only the one specific allegation of negligence and did not leave any doubt with respect to the cause of the explosion.
The plaintiff asked the Court to give 3 instructions on the doctrine of res ipsa loquitur. The Court refused there requests saying that he did so because, 'The proof in this case conforms to the allegations in the Complaint, which are allegations of specific acts of negligence and that the application of the doctrine of res ipsa loquitur would mean giving the jury an alternative if they did not believe the testimony of the plaintiff as to specific acts of negligence.'
The three instructions requested, read as follows:
'You are instructed that if you find from a preponderance of the evidence that the defendant owed a duty to the plaintiff and his intestate to use care and an explosion occurred, causing injury, and the explosion is caused by the thing or instrumentality that is under the control and management of the defendant, his servants, agents or employees, and the explosion is such that in the ordinary course of things it would not occur if those who had the control and management use proper care, then, in the absence of evidence to the contrary, this would be evidence that the explosion occurred from lack of proper care.'
'If you find from a preponderance of the evidence that the tractor exploded and caused the injuries complained of; and you further find from a preponderance of the evidence that there was no negligence on the part of Aron Reece or his intestate Nathaniel Reece and that the instrumentality causing the explosion was in the exclusive control and possession of the defendant, Bill Webster, his servants, agents or employees and you find from a preponderance of the evidence that the explosion is such that in the ordinary course of things it would not have occurred if those who had the control and management use proper care, then, in the absence of evidence to the contrary, you are instructed that the mere fact of the explosion of the tractor raises a presumption of negligence on the part of the defendant and your verdict will be for the plaintiff unless you should find that the presumption of negligence has been overcome by evidence on the part of the defendant.
'Upon proof of the fact of the explosion, as set out in the above instruction, the burden of proof then shifts to the defendant to show that he was free from negligence and upon the failure of the defendant to meet that burden of proof you will be warranted in finding for the plaintiff.'
'You are instructed that if you find from a preponderance of the evidence that the tractor exploded and caused the injuries complained of and that the explosion and injury is such that in the ordinary course of things would not occur, if those...
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Barker v. Clark
...the defendant be compelled to offer an explanation of the event or be burdened with a presumption of negligence. Reece v. Webster, 221 Ark. 826, 829, 256 S.W.2d 345, 347 (1953). This presumption is limited to situations where the defendant's negligence has been substantially proven. See Coc......
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Mangrum v. Pigue
...instrumentality in the exclusive control of a defendant. Barker v. Clark, 343 Ark. 8, 33 S.W.3d 476 (2000) (quoting Reece v. Webster, 221 Ark. 826, 256 S.W.2d 345 (1953)). It applies where the evidence of the true cause is available to the defendant but not to the plaintiff. Dollins v. Hart......
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Marx v. Huron Little Rock
...explanation of the event or be burdened with a presumption of negligence. Id. at 14, 33 S.W.3d at 480 (quoting Reece v. Webster, 221 Ark. 826, 829, 256 S.W.2d 345, 347 (1953)). The supreme court has also observed In the words of Mr. Justice Holmes, res ipsa loquitur is "merely a short way o......
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Moon Distributors, Inc. v. White, 5--4707
...unfair. The cases principally relied upon by the appellants are not out of harmoney with the rule we are adopting. In Reece v. Webster, 221 Ark. 826, 256 S.W.2d 345 (1953), the defendant's tractor exploded and fatally injured a boy who was walking past it. On that proof alone the plaintiff ......