Naylor v. Erie Railroad

The plaintiff was a passenger on one of defendant’s trains, and claimed that the glass in the window at her seat rattled and suddenly broke, cutting her about the face. She recovered a verdict for $250, and the defendant moves to set aside the verdict upon the usual grounds. The defendant’s first claim is that the doctrine of res ipso loquitur is not applicable to this case because, they say, the accident could have occurred from other causes. That seemed to be the theory of Judge Seabury in Gillick v. Delaware, L. & W. R. R. Co. (83 Misc. 430), because he says that where some other cause…