Rice v. New York City Railway Co.
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 Few York, tenth district, borough of Manhattan.
1DissentMacLean, J.
The plaintiff claimed that while on the rear platform of one of the defendant’s cars, and as he was about to alight, he received an electric shock thereon and sustained injury. Under the decision in D’Arcy v. Westchester El. R. Co., 82 App. Div. 263, the rule of res ipsa loquitur applied, but the defendant contends that it was error to charge: “ This is one of the cases in which the mere happening of the accident places upon the defendant the burden of explaining it and showing it did not happen through the negligence of the defendant. Ordinarily, that bu rden is upon the plaintiff, but in…
2Cases cited2 opinions
- D'Arcy v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Maher v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905