
    No. 364
    No. 20012
    Rudolph Beeler, v. Harry C. Ponting.
    Error to the Court of Appeals of Cuyahoga county.
    465. ERROR — Where evidence on trial of negligence case would call for application of res ipsa loquitur, it is duty of court to charge thereon, but failure so to do, without request to charge upon the subject, is not reversible error.
   MARSHALL, C. J.

Where the facts and circumstances shown by the evidence in the trial of a negligence suit are such as would ordinarily call for the application of the doctrine of res ipsa loquitur it is the duty of the trial court to charge upon that subject but the omission to do so in the absence of a request of counsel for an instruction upon that subject is not reversible error.

Judgment affirmed.

Allen, Kinkade, Robinson, Jones and Matthias, JJ., concur.  