Godfrey v. County of Nassau
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a negligence action to recover damages for personal injury, plaintiff appeals from a judgment of the Supreme Court, Nassau County, entered September 26, 1963 upon the court’s decision, which dismissed the complaint after a nonjury trial. Judgment affirmed, without costs. Plaintiff was injured when a manhole cover, maintained by defendant on a public street, tilted as he stepped upon it. The principal question presented is whether plaintiff established a prima facie case under the doctrine of res ipsa loquitur. It is our opinion that plaintiff may properly invoke that doctrine on this…
2Cases cited3 opinions
- Galbraith v. BuschNew York Court of Appeals · 1935
- Manley v. New York Telephone Co.New York Court of Appeals · 1951
- Fischer v. John A. Johnson & Sons, Inc.New York Supreme Court · 1955