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Res ipsa loquitur applied to an unsecured water tank causing a collision; defendant failed to rebut negligence, appeal dismissed.
Torts – Negligence – Res ipsa loquitur applicability where obstruction under defendant's control causes accident; burden shifts to defendant to prove inevitable accident or Act of God; insufficiency of bare assertion of detachment; pleadings deficiencies not fatal where negligence evidence admitted; damages for loss of business supported by unchallenged evidence.
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