Orlexey v. New York & Queens Electric Light & Power Co.

At the end of plaintiffs’ direct case the motion to dismiss was because no negligence had been shown; plaintiffs’ position was that the facts shown came within the res ipso loquitur rule. They were: Defendant owned, operated and controlled a manhole in the street, used in connection with its electric service, in which were various electrical connections, wires, conduits, etc.; at the street surface was a circular heavy iron manhole cover, laid in a recess which made its top level with the street; as the plaintiff wife walked across the street and approached the manhole an explosion took…