Papazian v. Baumgartner
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Mew York, third district, borough of Manhattan.
1Opinion of the CourtScott, J.
The plaintiff, passing along the street in front of a house of which appellant was lessee, was stricken and injured by a piece of stone which fell.from appellant’s building. It appears that the stone was broken off from the under side of a window sill, about twenty feet above the sidewalk. The case was tried without a jury and the justice, in rendering judgment for the plaintiff, must have found that the defendant had been guilty of negligence. We are disposed *245to agree with the respondent’s counsel that, under the circumstances, the case is one calling for the application of the rule res ipsa…
2Cited by3 opinions
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1907
- McNulty v. Ludwig & Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Nigro v. WillsonAppellate Terms of the Supreme Court of New York · 1906