Roddiscraft, Inc. v. Skelton Logging Co

In Roddiscraft, Inc. v. Skelton Logging Co. (1963) 212 Cal. App. 2d 784, a fire broke out on the plaintiffs' and the defendant's rural properties, and the plaintiffs brought a negligence action against the defendant. ( Id. at pp. 790.) At trial, the plaintiffs submitted evidence indicating that although no one saw the fire start, it was probably caused by sparks from a tractor engaged in logging operations on the defendant's property. ( Id. at pp. 791-792.) The defendant submitted evidence that numerous other causes could have started the fire, including lightning. ( Id. at p. 792.) On appeal, the sole issue was whether the trial court correctly denied a jury instruction on res ipsa loquitur. (Roddiscraft, Inc. v. Skelton Logging Co., supra, 212 Cal. App. 2d at p. 790.) The court in Roddiscraft concluded that the instruction was improperly denied, reasoning that res ipsa loquitur applied even when the evidence supported multiple theories of causation regarding the fire, provided that there was evidence upon which the jury could reasonably conclude that the most likely cause of the fire was the defendant's negligence. ( Id. at pp. 798-801.)