Legal Opinion
Perito v. Sunrise Supermarket Corp.
Appellate Terms of the Supreme Court of New York
Decided December 6, 1961PublishedCited by 5 opinions
1Per curiam
We are of the opinion that the res ipsa loquitur doctrine is applicable to the situation at bar (Robinson v. Atlantic & Pacific Tea Co., 184 Misc. 571, affd. 269 App. Div. 977; Higgins v. Ruppert, 124 App. Div. 530). However, the charge to the jury on this aspect of the case was wholly inadequate and the refusal to charge that the rule is a presumption which may be overcome by other evidence was erroneous and prejudicial (George Foltis, Inc., v. City of New York, 287 N. Y. 108; Galbraith v. Busch, 267 N. Y. 230). It was also error to dismiss as to defendant Liebmann Breweries, Inc., before…
2Cases cited5 opinions
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Galbraith v. BuschNew York Court of Appeals · 1935
- Robinson v. Atlantic & Pacific Tea Co.Appellate Terms of the Supreme Court of New York · 1945
- Higgins v. RuppertAppellate Division of the Supreme Court of the State of New York · 1908
- Robinson v. Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1945
3Cited by5 opinions
- Pilie v. National Food Stores of Louisiana, Inc.Supreme Court of Louisiana · 1963
- Fleming v. Wal-Mart, Inc.Court of Appeals of Arkansas · 1980
- Repecki v. Home Depot USADistrict Court, E.D. New York · 1996
- Pilie v. National Food Stores of Louisiana, Inc.Supreme Court of Louisiana · 1963
- Pilie v. National Food Stores of Louisiana, Inc.Supreme Court of Louisiana · 1963