Supreme Court of Iowa November 15, 1960, 49779 (Thompson v. Burke Engineering Sales Co.)

Garfield, J.

We granted plaintiff this appeal under rule 332, Rules of Civil Procedure, from an interlocutory ruling of

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the trial court sustaining defendant’s motion to dismiss Count I of plaintiff’s petition in a law action to recover for- personal injuries alleged to have been caused by defendant’s negligence. The dismissed count states plaintiff relies on the doctrine of res ipsa loquitur.