Whitcher v. Board of Education

On an appeal in another case arising out of the same accident involved here (233 App. Div. 184), a judgment in favor *294of the plaintiff was reversed and a new trial granted on the ground that upon the record then before us the doctrine of res ipsa loquitur did not apply. In addition to showing the happening of the accident and the injuries, plaintiff introduced proof attempting to show the causes of the breaking and falling of the glass from the transom. The majority of the court thought that direct evidence having been produced as to the cause of the accident, the doctrine of res ipsa loquitur…