Legal Opinion
Barca v. Daitch Crystal Dairies, Inc.
Appellate Terms of the Supreme Court of New York
Decided January 27, 1965PublishedCited by 3 opinions
1Opinion of the CourtFrank A. Gulotta, J.
This appeal essentially involves a consideration of the res ipsa loquitur doctrine and its possible applicability to a situation where a customer is injured in a self-service supermarket.
The customer (plaintiff wife) was injured in defendant’s store when she fell on some loose sugar in one of the aisles. There were two or three broken sugar bags on the floor, an oval pattern of spilled sugar three to five feet in diameter with shopping cart tire tracks and footprints through it and black sugar ground into the floor, all in proximity to bags of sugar on display for sale. The defendant offered…
2Cases cited5 opinions
- Manley v. New York Telephone Co.New York Court of Appeals · 1951
- Robinson v. Atlantic & Pacific Tea Co.Appellate Terms of the Supreme Court of New York · 1945
- Robinson v. Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1945
- Silverberg v. SchweigNew York Court of Appeals · 1942
- D'Arcy v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Cameron v. H. C. Bohack Co.Appellate Division of the Supreme Court of the State of New York · 1967
- Kelley v. HitzigNassau County District Court · 1972
- Dykeman v. Great Atlantic & Pacific Tea Co.Civil Court of the City of New York · 1972