Gordon v. Weinreb

*836The opinion of the court was delivered by

Perskie, J.

The basic question requiring decision in this ease is—did the trial judge correctly apply the doctrine or maxim of res ipsa loquitur ?

Plaintiff, while in defendant’s drug store, was invited by the latter to the rear part of the store where he was compounding prescriptions. Plaintiff, while engaged in conversation with the defendant, was hit on the head by a falling-box of soap, weighing about thirty-five or forty pounds, which fell from a shelf on which it was piled, about eighteen feet above the store floor. Merchandise had been removed…