Milwaukee does not dispute that the car was damaged while at Krueger's AutoBody by a fire that was investigated and determined to be of unknown origin. Milwaukee argues that a question of fact is presented by the issue whether damage to the insured's car would ordinarily occur without someone's negligence. Under the most favorable construction of the evidence, there is no showing that the fire in question was one that would not have occurred in the absence of negligence. The doctrine of res ipsa loquitur does not apply. The undisputed evidence reveals a fire of unknown origin.
Fires frequently occur without negligence.
Nonetheless, Milwaukee argues that National Fire Ins. Milwaukee reads National Fire too broadly. These facts have been stipulated. The bailee then has the burden of coming forward with evidence to exonerate himself from any causal negligence. As a result, the court concluded that the defendant bailee failed to meet its burden to overcome the presumption of negligence on its part.