Muriel v. Baltimore Insular Line, Inc.

Judgment reversed upon the law and the facts and a new trial granted, costs to abide the event. In our opinion, the doctrine of res ipsa loquitur has no application to this case. (Eaton v. N. Y. C. & H. R. R. R. Co., 195 N. Y. 267.) There is no evidence *700sufficient to support a finding that heat exhaustion was the cause of death. Upon the trial, plaintiff claimed that death was caused by negligence of the defendant in permitting the decedent to use a portable electric light, improperly wired and insulated, and that, as a result, plaintiff’s intestate was electrocuted, and also that the…