Legal Opinion
Blake v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 1951PublishedCited by 1 opinion
1Opinion of the Court
The proof was insufficient to enable the plaintiff to invoke the doctrine of res ipsa loquitur. There was no showing that the pipe which caused the injury was within the exclusive control and possession of the defendant. On the contrary it appears as a fair inference of plaintiff’s testimony, and in fact apparently is conceded, that the pipe was not part of the trolley *752car equipment. (Paolantonio v. Long Is. R. R. Co., 274 App. Div. 1063, affd. 300 N. Y. 640; Manley v. New York Tel. Co., 303 N. Y. 18, 25.) The plaintiff failed to make out a prima facie case of actionable negligence by direct…
2Cases cited5 opinions
- Manley v. New York Telephone Co.New York Court of Appeals · 1951
- Paolantonio v. LONG ISLAND RAIL RD. CO.New York Court of Appeals · 1950
- Paolantonio v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1949
- De Martino v. Brooklyn & Queens Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1940
- De Martino v. Brooklyn & Queens Transit Corp.New York Court of Appeals · 1941
3Cited by1 opinion
- Scott v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1956