Vaughan v. Globe Neon Sign Co.

Judgment unanimously modified, on the law and on the facts, to the extent of granting a new trial as to the defendant, Service Sign Erectors Co., Inc., with costs to appellant to abide the event and as so modified, affirmed, with costs to respondent, Globe Neon Sign Co. The proof presented questions of fact as to the negligence of the defendant, Service Sign Erectors Co., and the contributory negligence of the plaintiff. The trial court erred in directing a verdict in favor of that defendant. The court, however, correctly held that the doctrine of res ipsa loquitur was inapplicable. It has…