Legal Opinion
Baroff v. Becker
District Court, E.D. New York
Decided June 30, 1961No. 61-C-6PublishedCited by 7 opinions
1Opinion of the Court
BARTELS, District Judge.
In this diversity action for damages sustained as a result of defendant’s car having skidded into the rear of plaintiffs’ car while stationary, plaintiffs move for partial summary judgment, pursuant to Rule 56, Fed.Rules Civ.Proc., 28 U.S.C.A., adjudicating the negligence of defendant.
It is true that the mere happening of an accident is not proof of negligence. It is also true that the doctrine of res ipsa loquitur is applied where “ * * the instrumentality which produced an injury is within the exclusive possession and control of the person charged with negligence,…
2Cases cited6 opinions
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Galbraith v. BuschNew York Court of Appeals · 1935
- Lahr v. TirrillNew York Court of Appeals · 1937
- Hogan v. Manhattan Railway Co.New York Court of Appeals · 1896
- Richard Equipment Corp. v. Manhattan Industrial Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1959
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lucy Blynn Marsden and Jack Marsden v. Sebastiano O. PataneCourt of Appeals for the Fifth Circuit · 1967
- Horowitz v. Kevah Konner, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Stonehill v. Security National BankDistrict Court, S.D. New York · 1975
- Mertens v. Agway, Inc.District Court, S.D. New York · 1967
- Maxworthy v. Horn Electric Service, Inc.District Court, D. Maryland · 1970
2 more not listed; retrieve them via the Exa API.